PUNJAB ROADWAYS HOSHIARPUR Vs. SATYA DEVI

JUDGEMENT

(1.) The award made by the Motor Accident Claims Tribunal, Hamirpur and Una Districts at Una dated 9/06/1983, awarding a sum of Rs. 39,000.00 as compensation to the clai-mants-respondents along with interest at the rate of 6% per annum from the date of pronouncing the award till payment is under challenge in this appeal.

(2.) On 16/11/1980 at about 1.00 p.m. an accident took place on Nangal-Una Road at a place where link road of village Bharolian joins this main road. Birbal, a young boy of 16 years was on his way on his cycle with a can of milk in one of his hands from village Bharolian. According to the claimants, bus No. PUH-3445 belonging to the first appellant en route Nangal-Amritsar via Una, when reached near the link road struck against the cycle. Due to the impact, Birbal fell on one side of the metalled portion of the road and died instantaneously. Imput-ing rash and negligent driving on the part of respondent No. 3, the bus driver, a claim for Rs. 1,00,000.00 with interest at the rate of 12% from 30/12/1980, the date of filing of the claim application till payment was laid by the claimants. It was alleged that the bus came from the side of Nangal at a very fast speed without blowing horn. The driver of the bus could not control it and brought it on the wrong side thereby struck against Birbal. It was alleged that the deceased was employed in the shop of one Sagli Ram and was earning Rs. 150.00 per month as pay in addition to an income of about Rs. 300.00 by running a dairy and sale of milk.

(3.) The appellants as well as respondent No. 3 put up a contest by denying any negligence on the part of the bus driver. They pleaded that the bus which was being driven at a normal speed, when it reached near the place of accident, a cyclist approached the main road from the link road located on the main Nangal-Una road. In order to save the cyclist, who was driving it rashly and negligently, the bus driver applied the brakes and severed the bus towards the right side. The bus came to a halt. The cyclist was holding a milk-pot in one of his hands due to which he could not control the cycle. Resultantly, he hit the stationary bus near its rear tyres with full force, as a result of which he fell down head long. Denying any rash and negligent driving, the appellants imputed negligence on the part of the cyclist.