SONU Vs. GIRRAJ SINGH

JUDGEMENT

(1.) INSTANT appeal u/s. 173 of the Motor Vehicle Act, 1988 has been filed by the claimants -appellants assailing the award dt. 05/10/2001 passed by the Motor Accident Claims Tribunal, Bundi in claim case No. 527/2001(92/92) while assessing the quantum of compensation to the tune of Rs. 75,000/ -, only 50% of the same i.e. Rs. 37,500/ - has been awarded in favour of the claimants -appellants by holding that there was 50% negligence of the guardian of the injured child also.

(2.) THE brief facts, as emerging on the face of record gathered on perusal of the material available on record and impugned order are that on 16/03/1992, when the claimant -appellant No. 1 -Sonu was going on the road, a bus bearing No. RPM -3444, which was being driven by its driver in a rash and negligent manner, hit him from backside resulting in sustaining injuries to him.

(3.) THE respondent No. 1, driver of the offending vehicle did not submit any reply and the respondent No. 2 -owner of the vehicle filed reply denying the averments made in the claim petition and it was averred that there was negligence on the part of the guardian of the child who allowed the child to come on the road while the driver of the offending vehicle was driving the bus in the right direction and there was no fault on the part of the driver although it was admitted that the bus was insured on the date of the alleged incident. As regard respondent No. 3 -Insurance Company, it denied the averments made in the claim petition and averred that there was no fault or negligence of the driver of the bus and he was driving the bus in the right side and in the additional pleas, it was averred by the Insurance Company that the driver of the offending vehicle was not having valid driving licence and thus the Insurance Company cannot be held liable to pay compensation and ultimately prayed for dismissal of the claim petition.