ANITA SINGLA Vs. AVTAR SINGH

JUDGEMENT

(1.) THIS is an appeal by the claimants for the enhancement of the compensation granted by the learned Motor Accident Claims Tribunal, Kurukshetra (for short the Tribunal), wherein the claimants have been granted compensation to the tune of Rs. 4,02,000/- along with interest at the rate of 12 per cent per annum with effect from the date of petition till realisation.

(2.) THE facts of the case are that on 21.4.1990 at about 10 a.m. Anil Kumar Singla and Dev Raj were coming back from Patiala to Kurukshetra in Maruti van No. HR-07-2357 along with Joginder Pal Singh complainant and the said van was being driven by Om Parkash. When the van arrived in the area of village Dhantori on G.T. Road, a Haryana Roadways Bus No. HNX-4357 came from the opposite side. The bus was being driven by Avtar Singh, respondent No. 1, at uncontrolable speed and in a most rash and negligent manner. The bus driver overtook truck No. HR-024-5274 against the traffic rules and hit the Maruti van driven by Om Parkash by coming on the wrong side. It has also been the case of the claimants that the van was being driven on its due left side at a moderate speed. The van was hit by the bus after which the bus damaged the parapet of the small bridge on the G.T. Road and in the accident Anil Kumar Singla and Dev Raj received fatal injuries and died on the spot. Om Parkash driver of the van also received grievous injuries and was removed to Civil Hospital, Shahabad. On these allegations it was alleged that the accident had taken place on account of rash and negligent driving of the bus by Avtar Singh. This appeal is concerned with MACT Case No. 76 of 1990 filed by Anita Singla, her two minor sons Ankur Singla and Aman Singla and Mrs. Anpurna Devi, mother of the deceased.

(3.) THE claim was contested by respondent Avtar Singh, driver who admitted the factum of the accident but denied the manner in which it was alleged. It was his case that it was Maruti van which was being driven in a rash and negligent manner at uncontrolable speed. It was alleged that when the van reached near the bridge its driver brought it to his right side and that the bus was driven on the left side at moderate speed. It was also his case that in spite of his efforts to avoid the accident by turning the bus on his left side the bus fell down the bridge. It was alleged that the driver of the Maruti van was negligent and the factum of having overtaken the truck No. HY-02-574 at the time of accident was also denied.