DEEPAK SINGHA Vs. HIMACHAL ROAD TRANSPORT

JUDGEMENT

(1.) THESE four appeals and two cross objections are being taken up together as they arise out of a common accident and award.

(2.) ON 25th August, 1980, an unfortunate accident took place. Bus No. HPS 3482 of the Himachal Road Transport Corporation, which was coming from Chandigarh and going to Thanedhar, hit and smashed the parapets and fell 35 metres below the road. The accident occurred at 4.30 p.m., 2 kilometres short of Narkanda on National Highway No. 22. Many persons were injured and it appears that three persons died in the accident but their heirs are not before us. Deepak Singha, Narotam Chand and Kirpa Ram filed claim petitions. A common award was made in these three cases on 31st August, 1982. This award has been challenged both by the Himachal Road Transport Corporation and the three injured claimants.

(3.) THE only person who has appeared on behalf of the Himachal Road Transport Corporation is A.D. Arora, Automobile Engineer, HRTC, Taradevi. He has stated that he inspected the spot and found that the road was being widened and it was quite rough and bumpy and there were a lot of potholes. Consequently, he opined that "a driver is likely to lose control of the steering if a vehicle gets a jump on a rough road". However, he has admitted in the cross examination that a number of buses and trucks were plying on that road on the day of the accident and that the road is National Highway No. 22. He has admitted being a member of the enquiry committee on the accident, which was constituted by the order of the Deputy Commissioner, Shimla, as also Exh. PX, being a copy of the report of the said enquiry. The other members of the committee were the Deputy Commissioner, Shimla, Superintendent of Police, Shimla and the Executive Engineer, HP PWD, Kumarsain. It has been clearly stated in the said report that there was no mechanical defect in the vehicle and that after negotiating the curve preceding the spot of the accident, the driver lost control of the vehicle due to being at a high speed. Though the rough surface of the road may have been a contributory factor; further, after the driver lost control, the bus struck against the parapets, broke them and rolled down the valley side for about 35 metres.