HIMACHAL ROAD TRANSPORT CORPN. Vs. GUDDI

JUDGEMENT

(1.) BY this appeal, the Himachal Road Transport Corporation challenges the award of the Motor Accidents Claims Tribunal, Mandi, Kullu, Lahaul & Spiti districts, in claim petition No. 1 of 1980; decided on 29.9.1981.

(2.) THE facts, in brief, are that on 17.7.1979 at about 2.45 p.m. bus No. HPU 494 driven by Saran Dass driver was coming from Shimla to Kullu. At Dhalpur bazar, near the State Bank of India, it struck against scooter No. HPS 920, driven by one Charan Dass. Rup Chand deceased was the pillion rider. The driver was driving the bus in a very rash and negligent manner and went to his right side leaving virtually no place for the scooter to pass through its extreme left side. The deceased fell down on the roadside, received head injury and later on succumbed to the same in Civil Hospital, Kullu.

(3.) THE respondents denied that claimant, Guddi, was the widow of the deceased and that the accident was due to the rash and negligent act on the part of the driver of the bus and that the injuries sustained were not as a result of this accident. Respondent, Saran Dass, in his reply asserted that the scooter did not belong to the deceased nor he had any driving licence. The accident took place due to the mistake of the scooter driver and at the time of the accident he was driving the bus at a very reasonable speed and he was not rash and negligent while driving the bus. The deceased himself fell down from the scooter and sustained head injury as he was inexperienced in driving the scooter.