JAGDISH AND ORS Vs. ABDUL HABIB AND ORS

JUDGEMENT

(1.) The instant civil misc. appeal has been filed by the appellant-claimants under Section 173 of the Motor Vehicles Act for enhancement of the impugned award dated 5.11.2007 passed by the MACT, (ADJ (FT), Dausa), Dausa in claim case No.42/2007, whereby the Tribunal has awarded a sum of Rs.3,08,480/- as compensation in favour of claimant-appellants.

(2.) The brief facts as emerging on the face of record are that a claim petition under Section 140/166 of the M.V. Act came to be filed by claimant-appellants before the Tribunal alleging therein that on 11.11.2005 when Shailendra @ Vikki after distributing marriage cards at about 11:00 AM in the afternoon coming from Gajipur to Mahuwa along with Bhawani Shanker, Who was driving his Hero Honda Motorcycle bearing No.R.J.29-1 M-3811 on his side, when they reached at Jagrampura Mod Tan Gajipur, a Rajasthan Roadways Bus bearing No. RJ34G-0255 came from front side with high speed and was being driven rashly and negligently by the driver of the Bus collided with the motorcycle, as a result of which Shailendra @ Vikky died on the spot and Bhawani Shanker also sustained grievous injuries and motorcycle was also damaged in the accident. It is alleged in the claim petition that the accident took place due to rash and negligent driving by the driver of the Rajasthan Roadways Bus. The report of the incident/accident was lodged at Police Station, Mahuwa and challan against non-petitioner No.1 was submitted before the concerned court. The claimants claimed a compensation of Rs.45,00,000/- on account of this accident before the Tribunal.

(3.) The non-petitioner No. 1 (driver of the Bus) in his reply to the claim petition denied almost all the allegations and stated that he was driving the Bus in accordance with traffic rules. It was pleaded that the Bus started from Jaipur to Mandrayal at about 7.30 A.M. and when the driver was coming with the Bus from Mahuwa at about 10:45 A.M. there was obstacle on the road and 10-12 persons more standing in a group out of which all of a sudden a motorcycle turned towards Hindaun upon which the Bus driver blew the horn and tried to save him while applying the brakes of the bus at that time the motorcycle on which two persons were sitting collided with the corner of the bumper of the Bus and fell down. It was alleged that if the two persons sitting on the motorcycle had taken due care then the accident could have been avoided. Allegations were also made against the police for not lodging the FIR on the behest and information given by the bus driver.