R S R T C Vs. RATAN KANWAR

JUDGEMENT

(1.) AS the questions involved in these six appeals, before me are common, they were heard together. I consider it proper to dispose them of by a common judgment. The facts leading to these appeals are identical except relating to quantum of compensation. The Motor Accidents Claims Tribunal, Sriganganagar (hereinafter referred to as the 'the tribunal') determined the claims arising out of the same accident by different orders dt. November 15, 1972. The applicants are the respondents in all these appeals. Hereinafter the claimants - respondents will be referred as the applicants, facts first.

(2.) JEEP DK 7141 was carrying Rajvi Bidmalsingh, Meghasingh, Gadhsingh, Hamid, Jagpalsingh and Sarupsingh from Sriganganagar towards Hanumangarh on January 21, 1970. Bus RSJ 1796 of the Rajasthan State Road Transport Corporation (for short 'the R. S. R. T. C) was carrying Satyagrahies released from Bharatpur and was coming from Hanumangarh towards Ganganagar. Bus RSJ 1796, at the relevant time, was driven by Devkinandan, who was in the employment of the R. S. R. T. C. A collision is said to have taken place between the bus and the JEEP at about 8 a. m. on January 21, 1970 at a distance of about 3 or 4 furlongs from Pakka Saharan on Hanumangarh-Ganganagar road near Dhani Paliwali. The bus collided with the jeep on account of the gross negligence of the bus driver Deokinandan. According to the applicants, it was being driven at a very high speed even though there was fog The applicants have averred that the bus came to the wrong side and collided with the aforesaid jeep coming on its right side. As a result of the collision, all the occupants of the jeep were killed Sarup Singh is said to have died at the hospital and rest five died on the spot. The case of the applicants is that the jeep was being driven at a moderate speed towards left side of the road. The foot brekes of the bus were defective. It had no wipers. The wind screen of the bus was misty and wet with fog and thereby causing invisibility from inside the bus. The bus had no fog light. The front side of the bus, it is alleged, had almost gone over the jeep, which resulted in crushing its occupants. The bonnet, hood and front portion of the jeep were crushed and the body of the jeep was damaged. The appellants-claimants, who are legal, representatives of the deceased occupants, filed separate claims out of which these appeals, as stated above, have been filed. It was prayed in each of the claims that the amounts claimed by the claimants may be awarded against the R. S. R. T. C.

(3.) MR. R. N. Munshi, learned counsel for the appellants has assailed the findings on issues No. 1 and 2 in all these appeals. It may be recalled that issues No. 1 and 2 deal with rash and negligent driving of Shri Deokinandan, driver, at the time of accident and the collision of the bus with the jeep which was the result of that rash and negligent driving. Learned counsel for the appellants referred to the statements of P. W. 2 Bhagirath, P. W. 3 Krishan Gopal P. W. 6 Balvindra Singh, P. W. 7 Amarsingh and P. W. 8 Rameshwarlal and D. W. 1 Deokinandan. D. W. 2 Murlidhar and D. W. 3 Govindsingh. He further referred to Ex. 4 and Ex. 5 (site plan and inspection memo respectively ).