GULAB SINGH Vs. SHIV PRASAD

JUDGEMENT

(1.) THE claimant has filed this appeal for the enhancement of compensation awarded by Motor Accident Claims Tribunal, Ajmer (Tribunal) vide award dated 18. 12. 2000 in M. A. C. T. Case No. 381/1999 (50/1994 ).

(2.) CLAIMANTS are father and minor brother of deceased Vijay Singh aged 16 years, who was student of Class Xth. On 14. 5. 1993 at 6. 45 a. m. , while deceased was going to Ajmer by travelling in offending Bus No. RSE-375 being driven rashly and negligently by its driver (respondent No. 1) with a high speed in a zigzag manner, when reached near Birma Rawat's agricultural farm, the bus got uncontrolled, thereby overturned Railway Fatak, causing multiple injuries to bus passengers including deceased, who succumbed to injuries while taking him to hospital and died. Rs. 7,72,300/- were claimed as compensation under different heads, as per claim petition.

(3.) I have pondered over contentions of the parties and with their assistance, perused material on record. It is not in dispute that offending bus was insured and from the pleadings and proceedings before the Tribunal it is clear that despite or owner of the offending bus neither choose to appear, produce any reply to claim petition, nor thought of adducing any evidence in support of their defence while they were best persons who could be able to show circumstances about cause of accident and terms of insurance policy. That apart, from material on record, it is consistent case rather rightly held by Tribunal, itself that the accident took place as a result of rash and negligent act on the part of driver (employee) of the insured (owner) of the insurer to the offending bus. It was nobody's case that passengers were sitting either on the roof of hanging over the gates of the offending bus or that as a result of overloading and crowd of passengers in the bus, the accident took place.