GUMAN KANWAR AND OTHERS Vs. LALCHAND AND OTHERS

JUDGEMENT

(1.) This appeal under Section 110-D of the Motor Vehicles Act (No. IV of 1939) (for short 'the Act') has been filed against the judgment and award dated May 8, 1975 of the Motor Accident Claims Tribunal. Bhilwara (for short 'the Claims Tribunal'). An award for Rs. 26,000/- was passed in favour of the petitioner-appellants. They filed the claim for Rs. 78,500/-. In this appeal they have prayed that the award should have been made for the full amount as claimed by them with pendente lite and future interest

(2.) Facts, first, Bus No. R.J.Z. 1282 belonged to respondent Nos. 1 to 3 (non petitioners Nos. 1 to 3). It was insured on the relevant date with the New Great Insurance Company of India Limited, Bombay. Respondent No. 4 (non petitioner No. 4) Oriental Fire and General Insurance Company, New Delhi is successor-in-interest of that company. The aforesaid bus was driven on March 10, 1972 at about 9 A.M. by Chandra Singh alias Ramesh Chandra, Rajpur, resident of Shahpura. Deceased Randhir Singh was coming on his motor cycle No. R.J.M. 1260 from Gangapur side to Bhilwara-Gangapur road. When he was turning his motor cycle for going towards State Dak Bungalow and came on the main road, the bus which was being driven at a very fast speed struck the motor cycle and as a result of which Randhirsingh fell down along with the motor cycle. The bus ran over him. It stopped after covering a distance of 45-50 feet. It was stated by the petitioners that the place where the accident took place was not a wide road because Seth Murlidhar Mansingh had tresspassed on its sufficient portion and raised construction. There is said to be an electric pole on the curve of the main road where the two roads, namely, main road and the road going from Gangapur meet. It was also stated that on the main road there is an electric pole and the curve where the two roads, the main road and the road coming from the side of Gangapur meet is not round but they both cut at right angle. The driver failed to take precautions while he was crossing that Section of road. On account of the accident Randhir Singh received six injuries on his body and succumbed to them after an hour or so. The motor cycle was also broken. At the time of the accident Randhir Singh was 39-1/2 years old. At that time he was employed as Education Extension Officer, Panchayat Samiti, Banera. He was drawing Rs. 270/- per month besides DA of Rs. 146/-per month adhoc relief Rs. 32/-and an additional DA of Rs. 30/- P.M. The total emoluments at that time received by Randhirsingh were Rs. 478/-. per month. He used to get about Rs. 50- P.M. from agriculture. His monthly income was approximately Rs. 500/- P.M. The petitioners have alleged that had the accident not taken place, Randhir Singh would have lived for 30 years more. The petitioners are his widow and four minor sons. The petitioners have claimed Rs. 72,000/- as general damages, Rs. 5,000/- for bodily and mental agony and Rs. 1500/- as compensation for the damage done to the motor cycle. Thus the total claim which they filed was for Rs. 78,500/-

(3.) Non petitioner Nos. 1 to 3 filed joint written statement. It was denied that the bus was driven rashly and negligently by the driver. It was averred that the deceased himself was coming very fast that he turned his motor cycle without looking forward and so could not control it and fell down with it on the road. It was denied that bus stopped at a distance of 45 to 50 feet from the place of the accident. In the alternative it was submitted that the said accident took place because of the contributory negligence on the part of the deceased Randhir Singh and that it was in the nature of an inevitable accident, which could not be prevented despite exercise of reasonable care and caution on the part of the driver of the vehicle. The claim for compensation on various other grounds was also denied.