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2008 DIGILAW 2053 (PNJ)

Tehal Singh v. Pargat Singh

2008-12-08

RAKESH KUMAR GARG

body2008
Judgment Rakesh Kumar Garg, J. 1. - This is claimants appeal challenging the award of the motor Accidents Claims Tribunal, Kuruk shetra, whereby the Tribunal held that the accident in question resulting in the death of Paramjit Singh, was caused due to rash and negligent driving of bus No. HR 07-2805 by its driver Pargat Singh, respondent no.1, to the extent of 67 per cent and due to own negligence and carelessness of the deceased to the extent of 33 per cent. The appellants have also challenged determination of total compensation at Rs.75,000 being inadequate and have further claimed enhancement of compensation. 2. It has been argued by the learned counsel for the appellants that in this case, admittedly, deceased Paramjit Singh was standing inside the bus and he fell down from the front door which got opened due to jerk caused to the bus because of rash and negligent driving by Pargat Singh, respondent No.1 and, therefore, the Tribunal was wrong while fixing the liability of the deceased to the extent of 33 per cent on the basis of contributory negligence. In support of his case, learned counsel has relied upon a judgment of this court in Gurmeet kaur V/s. Punjab Roadways, 2006 (4) RCR (Civil) 63, wherein it has been held that if a passenger standing near the door falls out of the bus on opening of the door the passenger cannot be held responsible or negligent and it will be the negligence of the bus driver. 3. Mr. P. J. S. Sullar, Assistant Advocate general, Haryana, appearing on behalf of the State, was unable to controvert the argument of the learned counsel for the appellants from the record of the case. 4. In view of the above, this appeal is allowed and the findings of the Tribunal on issue No.1 to the effect where deceased paramjit Singh has been held to be negligent to the extent of 33 per cent are set aside and it is held that Paramjit Singh died due to rash and negligent driving of bus No. HR 07-2805 by its driver Pargat singh, respondent No.1. 5. It may also be pointed out that the learned counsel for the appellants was unable to point out any illegality with regard to the determination of compensation at rs.75,000. 5. It may also be pointed out that the learned counsel for the appellants was unable to point out any illegality with regard to the determination of compensation at rs.75,000. Since as a result of my finding on issue No.1, it has been held that Paramjit Singh died due to rash and negligent driving of bus driver, claimants-appellants will be entitled to the total amount of rs.75,000 along with interest as granted by the Tribunal. 6. Thus, the appeal is allowed in the manner indicated above. Appeal allowed.