MANSA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act is directed against the award of the Motor Accidents Claims Tribunal-II, Kangra at Dharamshala, dated 2.5.1994, rendered in M.A.C. Petition No. 13 of 1992, whereby he has dismissed the claim petition filed by the claimants.

(2.) The facts necessary for the decision of the present appeal are that on 9.1.1992 bus No. HPK 2280 belonging to the Police Department and owned by the respondent No. 1 and driven by respondent No. 2 was going from Gaggal towards Pathankot. Motor cycle No. HIC 126 was being driven by deceased Hem Raj. Kamal Singh was the pillion rider. This motor cycle was also going in the same direction. After about 1 km from Gaggal there is a bifurcation and on the right side a road leads to Gaggal Airport. The admitted case is that the bus turned from the main road towards the airport and the motor cycle hit against the bus which Hem Raj was driving.

(3.) The appellants being the parents of late Hem Raj, who was a bachelor, filed a claim petition for grant of compensation. Learned Claims Tribunal below recorded evidence in the matter and dismissed the claim petition by holding that it was the motorcyclist who was negligent and that the accident had occurred due to rash and negligent driving of the motorcyclist and, therefore, no amount could be awarded in favour of the claimants.