M/S NAV BHARAT SENIOR SECONDARY SCHOOL, RAJGARH ROAD, SIWANI MANDI, DISTRICT BHIWANI Vs. JAIBIR SINGH AND OTHERS

JUDGEMENT

(1.) CM No.2284 -CII of 2016 By this application, the appellants seek to place on record the route permit issued by the District Transport Officer -cum -Secretary, Regional Transport Authority, Bhiwani, valid uptil 03.07.2016, specifying therein the places on which the bus bearing registration No.HR -61 -A -7265 can ply as a contract carriage. Since the document is being placed on record pursuant to a query by this Court, it is considered an essential piece of evidence and is 1 of 9 consequently taken on record, as Ex.C1, under Order 41 Rule 47 (b) of the Code of Civil Procedure, read with Section 151 thereof. The application is, consequently, allowed. 1. This is an appeal filed by the owner of the bus, driven by respondent No.1, who was held to be negligent in driving the said bus in the impugned Award of the learned Motor Accident Claims Tribunal, Hisar, leading to an accident in which respondent No.3 herein received multiple grievous injuries, on account of which he sought compensation from the three respondents impleaded in the claim petition, i.e. the present appellant and respondents No.1 and 2 herein. Respondent No.2 is the insurer of the bus owned by the appellant. Though the grounds of appeal also challenge the finding of the Tribunal on the issue of negligence of respondent No.1, arguments were mainly addressed with regard to the Tribunal granting respondent No.2 herein, i.e. the insurance company, rights of recovery of the compensation to be paid to respondent No.3. However, since the grounds of appeal touch upon, even though very briefly, the issue of negligence, the entire Award of the Tribunal, is being referred to.

(2.) As per the claim petition filed by respondent No.3 herein (hereinafter to be referred to as the claimant), he alongwith his wife Geeta, was going towards Sector -15 -A, Hisar, on his bicycle. His son Krishan Bahadur was following them on another bicycle. When they turned towards the house of Shri Bhajan Lal, Ex.Chief Minister, the "offending vehicle" 2 of 9 bearing registration No.HR -61 -A -7265, driven by respondent No.1 allegedly at a very high speed and in a rash and negligent manner, came from the side of Hisar and struck against the claimants' bicycle. He is stated to have fallen down and received multiple grievous injuries and was taken to the hospital for treatment. He sought a compensation of Rs.10,00,000/ - from the respondents in the claim petition (hereinafter to be referred to as the respondents), on account of the pain and suffering and expenses he had incurred on his treatment.

(3.) Upon notice issued to them, the first two respondents, i.e. the present appellant and respondent No.1 herein), filed a written statement denying the entire allegations, including the factum of the accident, whereas respondent No.2 herein, i.e. the insurance company, other than the above, also pleaded that respondent No.1 was not holding a valid and effective driving licence and it was also argued before the Tribunal that the route permit that had been issued by the Transport Authorities, allowing the bus to ply as a school bus, did not include the word 'Hisar' and as such, the accident having taken place in Hisar city, there was a contravention of the permit granted and consequently, the insurance company was not liable to pay any damages, if awarded by the Tribunal.