UNITED INDIA INSURANCE CO LTD Vs. SHIV RAM

JUDGEMENT

(1.) This appeal under section 173 of Motor Vehicles Act by the insurance company has been filed against the award of the Motor Accidents Claims Tribunal, Kullu in M.A.C. Petition No. 14 of 2000 decided on 10.5.2002 whereby he has awarded Rs. 1,42,000 as compensation.

(2.) The claimants are the husband, sons and daughters of Lali. She was travelling in bus No. HP-34 6525 belonging to Kullu Transport Company. The bus was driven by Tek Chand and was insured with the appellant insurance company. According to the claimants the bus was being driven rashly and negligently and one stone fell on the road from the hillside and the bus driver suddenly applied the brakes and due to the jerk Lali struck against the iron rod placed on the seat in front or her and suffered injuries on the side of her breast. She was brought to hospital where she died.

(3.) The respondents in their reply stated that in fact a huge boulder rolled down towards the road from the hillside in front of the bus. To avoid any impact and casualties the driver had to suddenly apply brakes and stop the bus. In case the brakes had not been applied there could have been a major disaster resulting in death and injury to a number of persons. It was claimed that there was no negligence on the part of the driver of the bus and hence the claim petition should be dismissed.