MANJU DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal at the instance of the claimants. It arises out of the following facts.

(2.) THE deceased Krishan Kumar aged 28 was travelling in Haryana Roadways Bus No. HRo 4420 being driven by Khajan Singh respondent. The bus reached village Palri Panihar and after dropping two passengers resumed its journey towards Dadri. When it was at a distance of 1. or 1-1/2 furlongs from village Palri, an oil taker bearing registration No. HRM 984 driven by Daya Ram respondent came from the opposite direction. On seeing the oil tanker the driver of the bus diverted his vehicle on the left side in order to avoid a collision, but the truck being driven rashly and negligently came and hit the bus on its right side near the driver seat and grazed the entire right side of the bus from front to the rear end. The driver of the bus and several passengers were badly injured whereas Sub Inspector Munna Lal who was sitting on the third seat behind the driver died at the spot while Krishan Kumar sustained multiple serious injuries and became unconscious. Krishan Kumar was admitted to the Civil Hospital Mohindergarh and thereafter shifted as an indoor patient to the Medical College Hospital Rohtak where he remained from 18th August, 1982 to 27th September, 1982 and was then shifted to Tirath Ram Shah Hospital Delhi and remained there as an indoor patient from 27th September, 1982 to 15th October, 1982. After discharge from the latter hospital he remained under the care of Dr. Hem Raj of Dadri from 15th October, 1982 till he died of the injuries suffered by him on 12th January, 1983. On the above facts two claim petitions were filed - one by the heirs of Sub Inspector Munna Lal and the second by the heirs of Krishan Kumar deceased. The heirs of Krishan Kumar have filed the present appeal claiming that as he was a government contractor earning 20 to 25 thousand rupees per year and as his relatives had spent Rs. 40,000.00 on his treatment, a total compensation of Rs. 3 lacs was due. Both the petitions i. e. one filed by the heirs of Munna Lal Sub Inspector and the present one were consolidated and heard together. The owner and the driver of the oil tanker took the plea that the accident was inevitable as it had occurred on account of the sudden bursting of the front tyre of the oil-tanker. It was further stated that as the oil tanker had been insured with the National Insurance Company it was the insurer that was liable to satisfy the award, if any. The Insurance Company filed a separate reply and pleaded that its liability was limited to Rs. 50,000.00 under the policy that had been issued to the owners of the oil tanker.

(3.) IT transpires from the record that while the appeal remained pending here some efforts had been made for effecting a compromise between the contesting parties though without success. This appeal is accordingly being disposed of on merits.