RAKSHA BAHEN Vs. DELUX ROADWAYS

JUDGEMENT

(1.) THESE two appeals are directed against the judgment and award dated' 25 -2 -1972 passed by the learned Member of the Motor Accident Claims Tribunal, Bhilwara In the proceedings on, the application filed by Smt. Raksha Bahen, and Shantilal under 'section 110 A of the Motor Vehicles -Act (hereinafter to be referred to as the Act') for damages to she tune of Rs. 60,000/ on account of the death of one Piyush Kumar Jain (husband of Smt. Raksha, Baben and son of bantilal), who met a fatal accident on 20 -4 -1968 at 2.45 p.m. on Ajmer -Bhilwara road near the Kothat river As the two appeals arise out of the, same judgment and award, we propose to decide them by one common judgment.

(2.) BRIEFLY stated the, facts of the case giving rise to these appeals are that on 20 -4 -1968 decessed Piyush Kumar alongwith his wife, petitioner Smt. Raksha Bahen, &his; father Shantilal was travelling from Ajmer to Bhilwara in Bus No. RJE 755 belonging to 'M/s Delux Roadways (P) Ltd., Bhilwara and driver by Shambhu Singh (DP 1) When the Bus was at a distance of about 5 to 6 miles from Bhilwara, the driver over -took a truck standing on the left hand side of the road. When the bus covered half the distance of the side at the truck Bus No RJL 5905 belonging to nonpetitioners Ram Niwas and Shyam Sunder, and driver by ore Noor Mohammed came from the opposite direction and the two buses collided. The Wind screen, glass of bus No. RJE 755 got broken and the pieces of the glass plerced the body of Piyush Kumar resulting in his unconsciousness. He was taken to the Mahatma Gandhi Hospital where the succumbed to the injuries sustained by him at 5.50. a.m. Petitioners smt. Raksha Bahen, ' wife of the deceased and Shantilal his father filed the petition for damages on the ground of their dependency on the deceased as well as on, account of physical pain and mental agony suffered by the decease. The claim petition was filed against the owners of the two buses. It was mentioned in the petition that the, two buses were Insured with M/s 'Vulcan Insurence Co Ltd. The Insurance Company was not impleaded as a party. Notice was however issued to It by the court but nobody appeared on their behalf Separate Written replies were filed on behalf of the owners of the two vehicles' and the grounds, taken were, that it was the vehicle of the other party which was being driven rashly and negligent resulting in the collision on account of the curves on the road and the see the bus coming from the, oppsite direction. The amount of damages claimed was stated to be excessive. Both the petitioners, appeared in the witness box and examined three more witnesses. Shambhu Singh (DW 1) driver of the bus No. RJE 755 and three more witnesses were examined by opposite party No. 1. Only one witness, was examined by opposite parties Nos 2 and 3. On the' basis of the pleadings of the parties five, issues were framed which translated into English read as under:

(3.) BEING aggrieved by the dismissal of the petition against the owners of bus No RJL 5905 and also dissatisfied by the amount awarded, the petitioners Smt. Raksha Bahen and Shantilal have preferred appeal No. 99 of 1972. Appellant M/s Delux Roadway (P) Ltd., also felt dissatisfied and preferred appeal No. 107 of 1972, on the ground that the collision was on account of the fault of the driver of the bus No RJL 5905 and therefore the petition against opposite parties Nos. 2 and 3 should not have been dismissed. The decision about quantum of compensation is also challenged as being excessive