H.R.T.C. Vs. SAT PAL

JUDGEMENT

(1.) This appeal at the instance of Himachal Road Transport Corporation (for short H.R.T.C.) and its Regional Manager has been directed against the judgment and award dated 18.1.1991 of the Motor Accident Claims Tribunal (II), Sirmaur District at Nahan in Petition No. l -N/2 of 1990, whereby the total amount of compensation of Rs. 1,29,000/ - has been awarded in favour of the claimant -respondent Sat Pal and against the appellants for personal injury sustained by the claimant -respondent in the accident. The claimant -respondent has also filed Cross -objections for enhancement of the amount of compensation to Rs. 2,50,000/ - as claimed by him before the Tribunal below.

(2.) The claimant -respondent boarded Bus No. HPN -913 belonging to the appellants from Nahan to Dhaula -kuan. When the said bus reached at village Kilar, it met with an accident on 13.9.1989 at about 5.30 p.m. Lekh Ram respondent was the driver of the bus in question. In the accident, the claimant -respondent received grievous hurt causing permanent disability to the extent of 100% on the hip portion of his body as claimed by him. Claimant Sat Pal, who is respondent in this appeal filed a claim petition before the Tribunal below seeking compensation of Rs. 2,50,000/ - on account of sustaining grievous hurt resulting permanent disability. He stated that the driver of the bus in question was driving the vehicle in a rash and negligent manner as a result of which he lost control of the vehicle and dashed it against a standing buffalo on the left side of the road. Thereafter the bus struck against a second standing he -buffalo and then the driver collided the bus in question against a tree. After the bus struck against the tree, the bus turned turtle and as a result of which the claimant -respondent received grievous injury. He pleaded that his right hip portion has been damaged resulting in 100% disability and the claimant -respondent has become a crippled man. He also alleged that his business has also been ruined on account of the said accident and he has been deprived of enjoying a natural life since both his testicles have been fractured and on that account also he would not be able to enjoy sex. A case was registered with the Police Station, Paonta Sahib against the driver of the bus in question under Sections 279/337 of the Indian Penal Code The claimant -respondent from the date of the accident has remained under treatment under the various doctors and he is likely to remain so in future also as stated by him in his claim petition. He further alleged that he incurred more than 20,000/ - on his treatment and more money has to be incurred in future too for his treatment. The claimant -respondent has stated that at the time of the accident his age was about 33 years and was a businessman earning Rs. 3,500/ - per month. He remained on bed and the iron rods and nails have been inserted in his hip portion and that his entire family were reeling under great mental and physical tension eversince the accident took place.

(3.) The claim petition was resisted and contested by the appellants, who filed the written statement and admitted the accident but stated that the accident did not take place due to the rash and negligent driving of the bus in question by its driver. The defence of the appellants was that when the bus reached near village Karol, a group of buffaloes came on the road and it obstructed nearly half of the width of the road at which the driver sounded horn, took all the precautions but suddenly one buffalo was pushed just infront of the bus by another buffaloes in a fight and the driver to avoid the accident with the buffalo took the vehicle in a controlled speed to the extreme left side where due to sudden low pressure of the brakes, the brakes did not work and that the driver had to put the vehicle in heavy gear and in that process the bus struck against a tree and overturned.