H.R.T.C. Vs. INDER DASS BEAKTA

JUDGEMENT

(1.) Himachal Road Transport Corporation, (hereinafter referred to as H.R.T.C.) has preferred this appeal against the award dated 9.1.2001, passed by the Motor Accident Claims Tribunal (2), Shimla in M.A.C. No. 94 -S/2 of 1995. By means of impugned award a sum of Rs. 5,00,000/ - has been awarded in favour of respondents No. l and 2, with 12% interest from the date of filing of the claim petition, i.e. 27.10.1995.

(2.) It may be noted that H.R.T.C. is the owner of bus bearing registration No. HP -07 -1766, respondents No. 1 and 2 were the claimants before the Tribunal below being parents of deceased Shri Jagmohan Beakta. Respondent No. 3, Surinder Beakta is the owner of Gypsy Taxi No. HP -0201348. This taxi was insured with Oriental Insurance Company Ltd. According to respondents No. 1 and 2 on 6.9.1995 deceased was driving aforesaid taxi from Sanjauli to Shimla side along with passengers. Suddenly the vehicle severed towards. It right side, it was brought to a halt by the deceased, and but on checking it was found that there was leakage of brake oil.

(3.) One of the passengers, according to the respondents -claimants, was asked to go to Dhalli and get a mechanic. Meanwhile a bus of H.R.T.C. (above referred) came from opposite side which was being driven at the relevant point of time by Amar Singh, (he was added as respondent in this appeal, but was ordered to be deleted vide order dated 30.10.2001 passed by the Court). This accident was caused due to rash and negligent driving on the part of the said driver as per respondents No. 1 and 2 claimants.