BIHAR STATE ROAD TRANSPORT Vs. SUNITA JHA

JUDGEMENT

(1.) This appeal is directed against the order dated 23rd January, 2004 passed by the 5th Additional District Judge-cum-Motor Accident Claims Tribunal, Gaya by which he has allowed total compensation to the tune of Rs. 3,82,536 to the respondents on account of death of one Dharmendra Kumar in a motor accident and has directed the appellant to pay Rs. 3,26,000 (after deduction of the amount of ad interim compensation) with interest @ 9% per annum with effect from filing of the claim case till taken to the respondents.

(2.) The case of the claimants/respondents is that they are the heirs of the deceased Dharmendra Kumar. On 4th November, 1998 Dharmendra Kumar was coming to Patna on his motorcycle bearing registration No. P.U.B. 9719 and when he reached near Dardha river bridge at about 11 a.m., a bus of the appellant bearing registration No. B.R.-25-0671 came in a high speed being driven rashly and negligently from the opposite side and dashed Dharmendra Kumar from the front side. Dharmendra Kumar died instantly on the spot. An F.I.R. was lodged by the village Chaukidar Sitaram Prasad under Sections 279 and 304A, I.P.C. against the driver of the bus. It is also said that the deceased was an employee of Punjab National Bank and was drawing a salary of Rs. 4,669.24 per month and was aged about 26 years at the time of death.

(3.) The appellant-O.P. contested the claim by filing a written statement. Their case, inter alia, is that the driver of the motorcycle himself was responsible for the accident inasmuch as he was not knowing driving having no driving licence and two more persons were sitting with him. The Tribunal after considering the evidence adduced by both the sides came to the finding that the accident took place on account of rash and negligent driving of the driver of the above bus as a result of which Dharmendra Kumar who was on the motorcycle received injuries and died. He further held that Dharmendra Kumar possessed driving licence and though he was driving the motorcycle with two pillion riders he did not contribute to the accident and the deceased was a peon in Punjab National Bank, Bairagi Branch, Gaya and was drawing a net salary of Rs. 2,829 per month and was aged about 30 years 8 months. He accordingly passed the impugned order.