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Rajasthan High Court · body

1996 DIGILAW 197 (RAJ)

Rajasthan State Road Transport Corporation v. Berishal Singh

1996-02-20

B.R.ARORA

body1996
Honble ARORA, J. – This appeal is directed against the Award dated 11-9-90 passed by the Judge, Motor Accident Claims Tribunal cam Additional District Judge, Nohar, by which the learned Judge of the Tribunal awarded a sum of Rs. 2,55,000/- as compensation to the claimants and ordered for the adjustment of Rs. 15,000/- already paid to the claimants against `no fault liability and ordered for the payment of the balance amount of Rs. 2,40,000/- as compensation to the claimants. (2). Claimants Berishal Singh and others, who are the legal representatives and dependants of deceased Bhanwar Singh, filed the claim petition for the award of Rs. 8,94,347/- as compensation in the Court of the Judge, Motor Accident Claims Tribunal cum District Judge, Sri Ganganagar. The case of the claimants, as set-up in the claim petition, is that on 22.3.83 at about 3.25 p.m. deceased Bhanwar Singh, alongwith Het Ram and Sohan Lal, was coming from Sohan Lals quarter and they were proceeding towards the Bus stand, Rawatsar. When they reached near the office of Gram Adhar Yojna, Rawatsar, the bus No. RSG 355 of the Rajasthan State Road Transport Corporation, which was being driven rashly and negligently by its driver Vasu Deo, came from behind and hit Bhanwar Singh. Bhanwar Singh received grievous injuries in this accident. The bus was stopped and Bhanwar Singh was taken to Rawatsar Hospital by Sohan Lal and Mahendra Singh (a passenger in the bus) while Het Ram went to lodge the F.I.R. of the accident at Police Station, Rawatsar. From Rawatsar Hospital, Bhanwar Singh was taken to P.B.M. Hospital, Bikaner. The information regarding the accident was given to Berishal Singh-the father of Bhanwar Singh who, also, went to the P.B.M. Hospital, Bikaner, where, on the next day, i.e., on 23-3-83 at about 3.30 p.m., Bhanwar Singh succumbed to the injuries. It was, also, stated in the claim petition that at the time of his death, Bhanwar Singh was working as the Agriculture Extension Officer in the Rajasthan Canal Project and his monthly pay was Rs. 1040.80 P. At the time of his death, Bhanwar Singh was aged 32 years 4 months. The claimants, therefore, claimed Rs. 3,83,747/- as the loss of pay of the remaining period of service of deceased Bhanwar Singh, Rs. 2,40,000/- has been claimed as the loss of dependency after the retirement, Rs. 1040.80 P. At the time of his death, Bhanwar Singh was aged 32 years 4 months. The claimants, therefore, claimed Rs. 3,83,747/- as the loss of pay of the remaining period of service of deceased Bhanwar Singh, Rs. 2,40,000/- has been claimed as the loss of dependency after the retirement, Rs. 1,44,000/- have been claimed as the loss of pension, Rs. 1,00,000/- have been claimed for the mental agony and physical pain suffered by the deceased, Rs. 1,00,000/- have been claimed for the loss of consortium by the widow of Bhanwar Singh, Rs. 2000/- as the cost of proceedings and Rs. 2000/- as the expenses incurred in the medicine and cremation etc. (3). This claim petition was opposed by the Rajasthan State Road Transport Corporation. The case of the respondent-defendants in defence was that the accident, which resulted in the death of Bhanwar Singh, was not caused with the bus of the defendant, rather Bhanwar Singh met with the accident with a tractor and as after the accident the bus came there, the driver took injured Bhanwar Singh to Rawatsar Hospital and, therefore, their names have been falsely implicated in the claim petition while the bus of the defendant was not involved in the accident. Neither the bus was driven rashly and negligently nor it was involved in the accident and, therefore, the defendants are not liable for the payment of any compensation to the claimants. (4). The claimants, in support of their case examined seven witnesses. The defendants, in support of their case, examined NAW I Vasu Deo-the driver of the bus. (5). Though initially the claim petition was filed in the Court of the Judge, Motor Accident Claims Tribunal, Sri Ganganagar but later on, after the establishment of the Motor Accident Claims Tribunal at Nohar, the case was transferred to the Motor Accident Claims Tribunal, Nohar. After trial, the learned Judge of the Motor Accident Claims Tribunal, Nohar, by the Award dated 11-9-90 awarded a sum of Rs. 2,55,000/- as compensation to the claimants and dismissed their remaining claim. It is against this award that the appellant Rajsthan State Road Transport Corporation has filed this appeal. (6). After trial, the learned Judge of the Motor Accident Claims Tribunal, Nohar, by the Award dated 11-9-90 awarded a sum of Rs. 2,55,000/- as compensation to the claimants and dismissed their remaining claim. It is against this award that the appellant Rajsthan State Road Transport Corporation has filed this appeal. (6). It is contended by the learned counsel for the appellant that the accident, which resulted in the death of Bhanwar Singh, was not the result of rash or negligent driving of the bus by its driver Vasu Deo but the accident, in which Bhanwar Singh died, took place with a tractor and the learned Judge of the Tribunal passed the award on the basis of conjucture and surmises in the absence of any cogent evidence on record. It has,also,been contended by the learned counsel for the appellant that the learned Judge of the Tribunal has awarded the compensation which is highly excessive looking to the age and the income of deceased Bhanwar Singh. Learned counsel for the respondent-claimants, on the other hand, has supported the award passed by the learned Judge of the Tribunal. (7). I have considered the submissions made by the learned counsel for the parties. (8) The nature of the evidence produced by the claimants consists of the state- ments of AW 1 Dr. P.N. Mathur, who attended Bhanwar Singh in P.B.M. Hospital, Bikaner and medically treated him. AW 2 Het Ram, AW 5 Sohan Lal and AW 6 Mahendra Singh are the three eye witnesses of the accident. AW 3 Berishal Singh is the father of deceased Bhanwar Singh and AW 4 Manak Chand is the Upper Division Clerk working in the Office of the Director, Agriculture Extension Office, Hanuangarh who has been produced to show the income of deceased Bhanwar Singh. AW 7 Ramjas is the Investigating Officer. The defendants, in support of their case, examined NAW I Vasu Deo- the driver of the bus. (9). The first question which requires consideration is : who is the person responsible for the accident in which Bhanwar Singh received injuries which ulti- mately resulted in his death? AW 2 Het Ram, an eye witness of the occurrence, has stated that on 22.3.83 he had gone to Rawatsar though his posting in those days was at village 7-DWD. (9). The first question which requires consideration is : who is the person responsible for the accident in which Bhanwar Singh received injuries which ulti- mately resulted in his death? AW 2 Het Ram, an eye witness of the occurrence, has stated that on 22.3.83 he had gone to Rawatsar though his posting in those days was at village 7-DWD. At about 3.25 p.m. he, alongwith Sohan Lal and Bhanwar Singh, left the quarter of Sohan Lal and were proceeding towards Bus Stand, Rawatsar. When they reached near the Office of Gram Adhar Yojna, Rawatsar, the bus No. RSG 355 of the Rajsthan State Roadways came from behind and hit Bhanwar Singh and Bhanwar Singh fell down. They stopped the bus. Mahendra Singh Suthar was,also, travelling in that bus. Sohan Lal and Mahendra Singh put Bhanwar Singh in the bus and took him to Rawatsar Hospital and he himself went to lodge the report EX.2 of the accident at Police Station, Rawatsar. The bus was driven rashly and negligently. From Rawatsar Hospital they took Bhanwar Singh to Bikaner Hospital and got him admitted there where Bhanwar Singh died on 23rd. He has further stated that they were walking on the left side of the road and the driver of the bus did not blow the horn. In the cross-examination he has stated that after hitting Bhanwar Singh the Bus could be stopped after covering the distance of about 80 of 90 paces. He has denied the suggestion put to him that one tractor was going ahead of the bus which hit Bhanwar Singh. He has,also, specifically stated that no tractor was there on the road at that time. (10). AW 5 Sohan Lal, another eye witness of the occurrence, has stated that on 22-3-83 he was posted at Rawatsar as the Agriculture Extension Officer. On that day at about 3.25 p.m. he, Het Ram and Bhanwar Singh left his quarter and were proceeding towards the Bus Stand, Rawatsar. When they reached near the Office of Gram Adhar Yojna, the bus came from behind and hit Bhanwar Singh. Bhanwar Singh was thrown by the bus. The bus, after hitting Bhanwar Singh, covered the distance of 80 to 90 paces and then it could be stopped. Bhanwar Singh received many injuries. He and Mahendra Singh took Bhanwar Singh to Rawatsar Hospital in the bus. At that time Bhanwar Singh was unconscious. Bhanwar Singh was thrown by the bus. The bus, after hitting Bhanwar Singh, covered the distance of 80 to 90 paces and then it could be stopped. Bhanwar Singh received many injuries. He and Mahendra Singh took Bhanwar Singh to Rawatsar Hospital in the bus. At that time Bhanwar Singh was unconscious. From Rawatsar Hospital, Bhanwar Singh was taken to Bikaner Hospital where he died. The bus, when hit Bhanwar Singh, was being driven rashly and negligently and the driver did not blow any horn. They were on the left side of the road when the accident took place. In the cross-examination he has denied the suggestion that the accident took place with a tractor, and specifically stated that Bhanwar Singh was hit by the bus in question. (11). AW 6 Mahendra Singh has stated that he was travelling in the bus when the accident took place. He did not see the accident though after the accident he asked the driver to stop the bus and the bus could be stopped after covering the distance of 80 to 90 paces. That bus, at the relevant time, was being driven rashly and negligently. The driver of the bus neither blew the horn nor reduced the speed of the bus. After the bus was stopped, he came down from the bus and saw Bhanwar Singh lying unconscious having several injuries on his person. He and Sohan Lal put Bhanwar Singh in the bus and took him to Rawatsar Hospital while Het Ram went to Police Station, Rawatsar to lodge the report of the accident. The police came at the Hospital and arrested Vasu-Deo the driver of the bus. (12). AW 7 Ramjas, the Investigating Officer who conducted the investigation in the present case, has stated that the FIR (EX.3) was registered in his presence and after recording the F.I.R. he went to Rawatsar Hospital and thereafter went to the place of the accident, prepared the site plan EX.4 and the Halat Moka EX.5 and after investigation he presented the challan. In the cross- examination he has stated that the road where the accident took place, was 30 feet wide. He has,also, stated that the accident took place with the bus and the place of the accident was on the left side of the road. (13). In the cross- examination he has stated that the road where the accident took place, was 30 feet wide. He has,also, stated that the accident took place with the bus and the place of the accident was on the left side of the road. (13). NAW 1 Vasu Deo- the driver of the bus has stated that on 22-3-83 he was driving the bus which was coming from Hanumangarh to Rawatsar. When he rea- ched near the water-tank of Rawatsar town, he saw one person lying on the road and two persons were trying for the lift. They requested him to stop the bus. He stopped the bus. Those persons put that man in the bus and asked him to take him to the hospital. When they reached the Hospital mob of persons collected there and cried that the accident took place with the but. Thereafter, the bus was seized. He has,also, stated that at about 3.30 p.m. he left one passenger near the water tank and the bus was driven at the speed of 20 to 25 KM/PH. He has,also, stated that a tractor and a truck were going ahead of his bus and the accident did not take place with his bus. In the cross-examination he has denied that his bus hit Bhanwar Singh and could be stopped after covering the distance of 80 to 90 paces after the accident. He has, however, admitted that he brought Bhanwar Singh to Hospital in the bus. He has,also, denied that the bus was driven rashly and negligently. From the evidence of this witness, one thing is established that the deceased, after the accident, was taken to the hospital in the bus and at the hospital the mob of persons collected and stated that the accident of Bhanwar Singh took place with the bus. Thereafter the case was registered against the driver of the bus, viz., Vasu Deo, and the bus was seized. (14). From the evidence of AW 2 Het Ram, AW 5 Sohan Lal, AW 6 Mahendra Singh, AW 7 Ramjas and NAW I Vasu Deo it has, therefore, been established that the accident, which resulted in the death of Bhanwar Singh, took place with bus No. RSG 355 which was driven rashly and negligently by its driver Vasu Deo. (14). From the evidence of AW 2 Het Ram, AW 5 Sohan Lal, AW 6 Mahendra Singh, AW 7 Ramjas and NAW I Vasu Deo it has, therefore, been established that the accident, which resulted in the death of Bhanwar Singh, took place with bus No. RSG 355 which was driven rashly and negligently by its driver Vasu Deo. The learned Judge of the Tribunal was, therefore, right, after appreciation of the evidence in holding that Vasu Deo, the driver of the bus, was responsible for causing the accident which resulted in the death of Bhanwar Singh. The finding arrived at by the learned Judge of the Tribunal are the result of proper appreciation of the evidence produced by the claimants and the appreciation of the evidence made by the learned Judge of the Tribunal cannot be said to be, in any way, arbitrary or unjust. The learned Judge of the Tribunal was, therefore, right in holding the driver of the bus Vasu Deo responsible and liable for the accident. (15). The next question which requires consideration is whether the compensation amount awarded by the learned Judge of the Tribunal amounting to RS. 2,55,000/- is adequate or highly excessive ? Deceased Bhanwar Singh was working as the Agriculture Extension Officer and was getting Rs. 1040/per month as his salary. He was in the State Government Service and aged about 32 years. His widow has suffered the loss of consortium and the children were deprived of the love and affection of their father. The learned Judge of the Tribunal, looking to the facts and circumstances of the case, computed the loss of dependency, love and affection, loss of consortium, medical expenses and other expenses and estimated the compensation at Rs. 2,55,000/-. That much of amount cannot be said to be, in any way, excessive. The learned Judge of the Tribunal has considered the evidence on this point in the right earnest and the compensation awarded to the claimants by the Tribunal is most adequate and does not require any interference. 2,55,000/-. That much of amount cannot be said to be, in any way, excessive. The learned Judge of the Tribunal has considered the evidence on this point in the right earnest and the compensation awarded to the claimants by the Tribunal is most adequate and does not require any interference. I am, also, of the opinion that looking to the future prospects of the deceased and the fact that Bhanwar Singh met with the accident at the young age of 32 years and his wife Smt. Sushil Kanwar became widow at the young age of less than 30 years and the children, who were in the age group of 4 to 7 years, lost their father, as such the amount of compensation awarded by the learned Judge of the Tribunal cannot be said to be excessive. It is most adequate in the facts and circumstances of the case. The award passed by the learned Judge of the Tribunal does not require any inter- ference. (16). In the result, I do not find any merit in this appeal and the same is hereby dismissed.