SBI GENERAL INSURANCE COMPANY LIMITED Vs. ALKA SHARMA

JUDGEMENT

(1.) These are seven appeals and two revisions filed by SBI General Insurance Company Limited and three appeals filed by the claimants against the award dated 30.4.2016 passed by the Motor Accident Claims Tribunal, Amabla arising out of an accident which occurred on 31.3.2015.

(2.) The students and staff members of SDDI Global College were proceedings in their college bus bearing registration No. HR-68A-2180 driven by Pawan Kumar. At about 7.30/8.00 A.M. when the bus was near Rajpura on Saha-Shahzadpur Road, a dumper/tipper bearing registration No. HR-37C-8635 driven by Rohit Kumar came from the opposite direction. Pawan Kumar slowed his bus and came to the extreme side of the road as he noted the dumper coming to the wrong side of the road but it struck against the bus at a very high speed. The tipper was loaded with mud. All the passengers in the bus sustained grievous injuries and some of them died on the spot. Some of deaths took place on account of suffocation as the mud flew into the bus after the window panes were shattered. The FIR was registered against Rohit driver of the tipper on the statement made by Vikas Choudhary. The claimants filed several claim petitions alleging that the accident had occurred on account of rash and negligent driving of the tipper driver.

(3.) The Tribunal consolidated all the matters and disposed of all the claims vide a common award placing the liability for payment of compensation upon both the drivers holding both the drivers to have contributed equally. It accepted the statement of the driver of the tipper who had stated that the bus driver could have avoided the accident had he been in control of his bus. It is this finding which has been disputed by the insurance company of the bus.