RACHNA Vs. HIMACHAL ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) These are appeals under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter, 'the Act') and are directed against a common Award dated 29/12/1982, of the Motor Accident Claims Tribunal, Shimla.

(2.) Various claim petitions, resulting in the Award under challenge, arose out of the same accident. They were tried together, after consolidation, and by consent of parties evidence was recorded in the claim petition of claimant Nand Kishore (Claim Petition No. 17-8 /2 of 1980). The accident took place on 14/06/1980, at about 5-00 p.m, when bus No. HPS 1667 beloging to the Himachal Road Transport Corporation (Local Unit, Shimla) went down the Circular Road just below Hotel Holiday Home. As a result, a number of persons travelling in the bus received injuries and some of them succumbed to the injuries sustained by them. Baldev Singh, the third respondent, was driving the bus.

(3.) In the claim petitions it was said that the bus was being driven by the driver rashly and negligently and while it crossed the Forest Office of the Municipal Corporation, Shimla, near the lift and was descending just below the Holiday Home Hotel, Shimla, it first struck against a stationary jeep bearing registration No. HIM 13 and then rolled into the khud along with the jeep. The vehicle was being driven by the driver in the course of his duty while he was in the employment of the HRTC. The driver was not in a fit condition to drive the vehicle because he was suffering from epilepsy. The HRTC entrusted the bus for being driven by him in spite of knowledge about the ailment of the driver and it was liable to compensate the claimants on account of its negligent act of not taking due care and caution in the matter.