BABULAL JAIN Vs. GAJANAND TL

JUDGEMENT

(1.) THIS is an appeal Under Section 110-D of the Motor Vehicle Act, 1939 (old provision) against the award of the Accidents Claims Tribunal, Kota dated 17.8.1983 in case Nos. 31/80, 40/80 and 52/80. All these three cases were consolidated by the order of the Tribunal dated 28.11.1981. The facts of all the three cases are the same and, therefore, it is not necessary to mention them separately.

(2.) JAGAN Nath was the driver of bus no. RJR 5967 and Babu Lal Jain was the owner of the same. On 5.3.1980, at 1.30 p.m., the accident took place while the aforesaid bus was on its way from Kota to Sangod. As a result of this accident, three persons died, namely, Sitaram, Banshilal and Allah Noor. While Sitram and Banshilal were the Cleaner and Khalasi of the bus, Allah Noor was a passenger. When the bus reached near the bridge, known as Gandhi Pani Ki Pul, all of sudden it turned turtle and overturned.

(3.) THE claim was contested by the driver as well as owner of the bus by filing a joint written statement. The driver pleaded that he was not at fault when the accident took place and the assertion of the applicant claimants that the bus was being run at a very high speed was incorrect.