LUXMI DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants-claimants have come up in this appeal against the award dated 5-10-1988, passed by the Motor Accidents Claims Tribunal, Ludhiana (hereinafter referred to as 'the Tribunal'), whereby the claimants were held not entitled to any compensation on account of negligence on the part of the bus driver. However, they were held entitled to compensation of Rs. 15,000 on account of 'no fault liability' under Section 92-Aof the Act, as the respondents have admitted the accident, in which Ram Rattan, since deceased received injuries and died. It was further held that the claimants have already received Rs. 15,000 on the basis of 'no fault liability' vide order of the Tribunal dated 28-9-1987. It was also held that if the aforesaid amount is not recovered earlier, then it shall be recovered by the claimant Nos.1 to 4 from the respondents, who were made liable to pay the same jointly and severally and in case, the said amount is recovered by the claimants from respondent Nos.1 and 2 then they were further held entitled to recover the same from respondent No.3, who had admitted the accident having taken place due to his negligence.

(2.) Briefly stated, the facts as pleaded by the claimants in the claim petition are that on 16-12-1986 at about 10 a.m., deceased Ram Rattan and his son Sudhir Kumar was coming towards Khanna after visiting village Mohanpur on their respective vehicles Hero Majestic moped bearing registration No. PAN 4912 and scooter bearing registration No. PJN 2155, respectively. After entering the G.T. Road, the deceased was going on the extreme left side of the road while Sudhir Kumar was behind him. He had stopped on the way to meet a customer, when all of a sudden a bus belonging to Punjab Roadways bearing registration No. PJG 1630 of Ferozepur Depot, being driven by its driver Gurbax Singh, respondent No.3 rashly and negligently wanted to overtake the deceased from the wrong side, who was going on the correct side, hit him from behind. Consequently, the right front wheel of the bus ran over the moped, due to which, Ram Rattan succumbed to his injuries at the spot and died. A sum of Rs. 10,00,000 was claimed by the claimant Nos.1 to 4 on account of the death of said Ram Rattan being wholly dependent on him. It was further case of the claimants that the deceased was 55 years of age at the time of the accident and was doing business of cloth merchants as a partner in the firm Ram Sarup Ram Ratan at G.T. Road, Khanna and in Rattan sons, Khanna in which he had 25 percent share and 10 per cent share respectively.

(3.) Respondent Nos.1 to 3 filed their separate written statements. Respondent Nos. 1 and 2 admitted the accident but attributed the negligence to the deceased. It was alleged that the deceased who was riding moped No. PAN 4912, came from village lane and entered G.T. Road without caring to see if the road ahead was clear of traffic and he suddenly came in front of the bus, which was going on its correct side at a normal speed. The bus driver tried his level best to avoid the accident but could not do so.