HIMACHAL ROAD TRANSPORT CORPORATION Vs. SAROJ

JUDGEMENT

(1.) THIS appeal has been directed against the award dated 1.4.2003 passed by Motor Accident Claims Tribunal (II), Shimla in M.A.C. No. 45 -S/2 of 2001, awarding Rs. 5,10,000/ - compensation along with interest at the rate of 9% per annum from the filing of the petition till the same is deposited. The award is inclusive of amount, if any awarded under Section 140 of the Motor Vehicles Act, 1988.

(2.) THE brief facts are that petitioner No. 1 widow and petitioner No. 2, mother of deceased Rajinder Singh filed Claim Petition under Section 166 of the Motor Vehicles Act, 1988 (for short Act) claiming Rs. 10,0000/ - compensation on account of death of Rajinder Singh, aged 30 years involving Bus No. HP -25 -0738 owned by appellant and was being driven at the time of accident by Rachhpal Singh driver. The accident took place near Gumma -Baggi Road, District Shimla at about 9 AM. on 2.2.2001. An FIR No. 22/2001 dated 2.2.2001 was got registered at Police Station Kot -Khai. The deceased Rajinder Singh was truck driver and he was earning Rs. 5,000/ - byway of salary and Rs. 3000/ - from agriculture. The accident took place due to rash and negligent driving of the driver of the bus.

(3.) THE respondent No. 2 driver filed separate reply and has taken preliminary objections that petition is bad for non -joinder of necessary parties i.e. H.P., P.W.D. and State of Himachal Pradesh and the petition is not maintainable against him. On merits, it has been submitted that the accident has been taken place due to negligence of H.P., P.W.D. who had thrown new earth cutting on the road. It has been denied that the accident had taken place due to rash and negligent driving of respondent No. 2. The Tribunal has framed the following issues: -