H.R.T.C. Vs. NIRMALA DEVI

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act), has been filed against the award of the Motor Accident Claims Tribunal, Hamirpur in MAC Case No. 13 of 1996, decided on 4.8.1998.

(2.) The facts necessary for the decision of the case are that the claimants who are the widow and two minor children of one Raghubir Singh, filed a claim petition under Section 166 of the Act for grant of compensation. The allegations made in the claim petition were that on 30.9.1955 at about 11.00 p.m. the deceased was hit by bus No. HP -07 -2820 belonging to the H.R.T.C. and died instantaneously. It was further averred that the deceased was earning about Rs. 6,000/ - per month from the business of agriculture and, therefore, compensation be awarded to his heirs. The owner and drive of the bus contested the claim petition on the ground that in fact no accident had taken place with the bus in question. The claims tribunal after recording evidence and hearing the parties came to the conclusion that the accident had occurred due to the rash and negligent driving of the driver of the bus and further held that the claimants were entitled to compensation of Rs. 2,52,000/ -.

(3.) This appeal has been filed by the H.R.T.C. Mr. Ashok Sharma, learned counsel appearing on behalf of the appellant -HRTC, contended that the statements of the two alleged eye witnesses, i.e. PW -2 and PW -7 are totally inconsistent and the claimants have failed to prove that the accident had occurred due to the negligence of the driver of the bus. It is also alleged that the amount of compensation granted is excessive.