UNITED INDIA INSURANCE CO LTD Vs. SUSHILA DEVI

JUDGEMENT

(1.) This appeal has been preferred by the above-named insurance company under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 12.1.1994 passed by Mr. Sashi Kumar Choudhary, 1st Additional Claims Tribunal, Hazaribagh, in Compensation Case No. 47 of 1991, whereby a compensation of Rs. 3,49,904/- has been awarded in favour of the claimant-respondent Nos. 3 to 8.

(2.) The claimant's case has arisen out of an accident occurred in the night of 21.10.1990 within the jurisdiction of Hazaribagh District. It has been asserted by the claimants, who happened to be the wife, children and father of the deceased, Ramanand Singh, that the deceased Rama-nand Singh boarded on bus No. BHB 6242 at Jahanabad for going to Ranchi in order to attend his duty in Bihar State Road Transport Corpn. Bus Depot at Ranchi. The said bus is owned by the B.S.R.T.C. who was made opposite party No. 1 in the claim case. It has further been stated in the claim petition that the said bus was driven rashly and negligently and without observing precautionary safety measures and on the way it met with a head-on collision with another bus bearing registration No. BR-20 (H) 8821 coming from opposite direction in most rash and negligent manner with excessive speed and due to the said accident, Ramanand Singh received severe multiple injuries on his head and on other parts of his body. The driver of the B.S.R.T.C. bus also died in the said accident. Other passengers in the bus also received injuries. It has been stated in the claim petition that due to rashness and negligence of the drivers of both the buses the said accident took place. The injured Ramanand Singh was removed to R.N.C.H. hospital for medical treatment and there he was admitted as indoor patient wherein he was operated by the Professor and Head of the Department of Neuro Surgery. But, during the continuance of treatment, Ramanand Singh died on 26.10.1990 due to the injuries sustained by him. One of the passengers of the bus, namely, Ram Pravesh Sharma informed the police at Chouparan Police Station. It has been stated in the claim petition that the deceased Ramanand Singh was hale and hearty aged about 45 years at the time of accident and he was serving in the B.S.R.T.C. on permanent basis having monthly income of Rs. 2,728 towards the salary with other payment of Rs. 250/- per month and Rs. 125/- as bonus and by that emolument, he used to maintain his family. The accident occurred on G.T. Road at Simarkhori Ghati within Chouparan Police Station in the district of Hazaribagh. Police case was registered under Sections 279, 338/304-A, Indian Penal Code.

(3.) The United India Insurance Co. Ltd., who is the appellant in this case, is admittedly the insurer of offending bus No. BR-20 (H) 8821, which is owned by O.P. No. 2, driver being O.P. No. 3. The appellant, O.P. No. 4, contested the case by filing a written statement and it was averred that the accident occurred due to the negligence of the B.S.R.T.C. bus No. BHB 6242 which was admittedly in high speed and that via media it was mentioned that the Jairam Bus, i.e., the alleged offending bus which was insured with this insurance company was not rash and negligent and as such not responsible for the accident. B.S.R.T.C, O.P. No. 1, also filed a written statement denying the fact that the bus No. BHB 6242 was running at high speed and in rash and negligent manner, rather according to them, Jairam Bus was responsible for the accident.