LAWS(P&H)-2019-9-203

PANNI DEVI Vs. MAKSOOD

Decided On September 25, 2019
Panni Devi Appellant
V/S
Maksood Respondents

JUDGEMENT

(1.) This judgment shall dispose of FAO-6055-2015 (Panni Devi Vs. Maksood and others) as well as FAO-6127-2015 (Maha Devi Vs. Maksood and others) as both the above noted appeals arise out of award dated 05.03.2014, passed by the learned Motor Accident Claims Tribunal, Palwal (hereinafter referred to as 'the Tribunal).

(2.) Brief facts as pleaded in the claim petitions, necessary for the adjudication of the matter are that, the claimants along with other persons were travelling on the offending bus bearing registration No. HR-38G/8383 on 28.01.2011. They were coming from village Pinagwan to Palwal. The offending bus, it is stated, was being driven in a rash and negligent manner at a high speed by its driver Maksood - respondent no.1. The driver did not pay any heed to the request of passengers to drive the bus carefully. At about 12:00 noon, the rear tyre of the bus burst and due to the impact, the mudguard and the sheet of the bus got broken. Resultantly the claimants sustained fractures in their legs and other injuries on their body.

(3.) The claim petitions were resisted by the respondents. Respondents no.1 and 2 in their combined written statement claimed the accident in question to be an act of God and denied that there was any negligence on the part of the driver. The FIR in question was stated to have been lodged after about four months in collusion with the police. Dismissal of the petitions was sought.