HIMACHAL ROAD TRANSPORT Vs. SUKH RAM

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 arises out of the award made by learned Motor Accidents Claims Tribunal, Shimla dated 1.12.1992. In order to appreciate the controversy facts in brief may be noticed: Respondent Sukh Ram was the claimant before the Tribunal. Appellant Himachal Road Transport Corporation, hereinafter referred to as 'the Corporation' was the respondent owner of the bus involved in the accident. On 3.9.1989, Sharda Devi boarded bus HPS 4387 of the Corporation at village Tihana for Shimla. Ramesh Singh, respondent No. 2 before the Tribunal, was the driver of the bus. The bus rolled down into a gorge near Sainj resulting in the death of seven passengers. Sharda Devi sustained multiple injuries and succumbed to the injuries on 21.9.1989 at Indira Gandhi Medical College, Shimla where she was brought for treatment. The Corporation admitted the accident as well as the death of Sharda Devi.

(2.) LEARNED Tribunal found that the accident occurred due to rash and negligent driving of the driver of the bus. He made an award of Rs. 1,46,800 in favour of Sukh Ram claimant husband of deceased Sharda Devi in the following terms:

(3.) DISSATISFIED , the Corporation is in this appeal. We have heard Mr. Deepak Gupta, the learned Counsel for the appellant Corporation and Ms. Devyani Sharma, Counsel for the claimant-respondent and have perused the record.