BIHAR STATE ROAD TRANSPORT Vs. CHINTAMANI SHARMA

JUDGEMENT

(1.) This appeal has been preferred against the judgment and award dated 22.1.1987 passed in Compensation Case No. 58 of 1982 by then Motor Accident Claims Tribunal-cum-District Judge, Chaibasa.

(2.) The claimants-respondents No. 1 to 4 are the legal heirs of deceased Hridaya Sharma who was the Junior Engineer, Rural Electrification (R.E.O.) under the Bihar State Electricity Board posted at Rajnagar in the district of Singhbhum. His father and mother were alive at the time of filing of compensation case any they have also joined as claimants in the case. According to the claim case, the deceased Hirdaya Sharma on 21.1.1982 at about 9 A.M. was coming from Rajnagar to Chaibasa, on Motor Cycle bearing registration No. BRS 4125, sitting on its pillion, driven by one Nand Kishore Gupta, when the Motor Cycle was approaching a narrow bridge over a Nala at a distance about 8 K.M. Chaibasa, the offending bus bearing registration No. BRX 7741 of the Bihar State Road Transport Corporation (hereinafter to be referred to as 'the Transport Bus') driven by Shamim Mian, the opposite party No. 4, respondent No. 6 came from the opposite direction in rash and negligent way. According to the claimants, the driver of the motor cycle gave a signal for stop age of the bus as the motor-cycle was already on the narrow bridge itself but without considering rather ignoring the signal given by the motor cycle, the Transport Bus came in high speed and mode head on collusion with the motor cycle, as a result of which, both the driver and pillion rider on the motor cycle were thrown out and died instantaneously.

(3.) In the written statement filed by the Corporation, it took different plea stating that the driver of the motor cycle negligence as he had ignored the light signal given by the Transport Bus driver and ignoring that signal, the motor cycle came over narrow bridge, The Transport Bus stopped seeing the motor-cycle coming to it in rash and negligent way and cashed against the Stationery Bus of the Transport and hence the accident took place due to the negligence of the driver of the motor cycle.