THE AMOUNT PAYABLE UNDER THE NO FAULT LIABILITY CLAUSE IN CASE OF DEATH IS RS. 25,000/- IN TERMS OF SECTION 140(2) OF THE MOTOR VEHICLES ACT, 1988.

G.S.Singhvi, J.

1. This appeal is directed against the award dated 31.7.89 passed by the Motor Accident Claims Tribunal, Narnaul, whereby the Tribunal has held that the accident in which Omvir Singh died had not been caused due to rash and negligent driving of bus No. HYM-2517 by respondent No. 1 and, therefore, no compensation was payable to the claimants of the deceased under Section 110-A of the Motor Vehicles Act, 1939 (for short the Act)- At the same time, the Tribunal awarded a sum of Rs. 15,000/- under no fault liability clause incorporated in section 92-A of the Act.

2. First argument of Shri Mittal learned counsel appearing for the claimants, is that the Tribunal has committed a serious errors in deciding issue No. 1 regarding rash and negligent driving of the bus. Shri Mittal argued that the evidence produced by the claimants was sufficient for holding that the Vicky on which the deceased Omvir Singh was riding had been struck by the bus because it was being driven by respondent No. 1 at a great speed. Shri Mittal argued that the finding of the learned Tribunal to the effect that the Vicky driver was coming to the main road from the approach road and, therefore, it was his duty to wait and give way to the traffic approaching the intersection of the main road is wholly perverse. Learned counsel appearing for the respondent Insurance-Company, on the other hand, argued that no evidence was produced by the claimants before the Tribunal to establish that the Vicky driven by Omvir Singh had infact come on the main road and thereafter it was struck by the bus. He argued that the evidence of Rawat Singh P.W. 2 has rightly been discharged by the Tribunal. According to the learned counsel since Omvir Singh was coming from the approach road it was his duty to have stopped at the intersection and to have waited for sometime in order to allow the traffic on the main road to pass and then he should have entered the main road. Instead of Vicky driver did not wait and came to the main road without taking note of the fact that the bus in question was approaching the intersection.

3. I have carefully perused the evidence produced before the Tribunal and find no error in the determination of issue No. 1 by the Tribunal. Admittedly, the only evidence produced by the claimants is in the form of a statement of Rawat Singh P.W. 2. This witness had lodged the first information report regarding the accident. However, in the first information report it has not been mentioned that the bus struck against the Vicky after it had entered the main road. In cross-examination this witness admitted that the Vicky driver alongwith the one person was coming from village Roliwas side. According to the Tribunal the improvement sought to be made by Rawat Singh by alleging that the accident did not take place at the intersection but took place some paces away from the intersection is unbelievable. The Tribunal held that the deceased and his companion were going towards Rewari and not towards Mohindergarh and, therefore, if at all the accident had taken place at the intersection or a few paces towards Rewari or a few paces away it could not have been towards Mohindergarh. Learned counsel for the appellants has not been able to show as to how the above reading of the evidence made by the Tribunal is erroneous. No other evidence has been produced by the claimants to show that the bus driver was driving the vehicle rashly or negligently. Even the site plan of the accident was not produced and the Investigation Officer was also not examined. Therefore, the Tribunal was not unjustified in holding that the accident was not caused due to rash and negligent driving of the vehicle by respondent No. 1. I am further of the view that the Tribunal has rightly taken note of Regulation 7 of the Driving Regulations contained in the 10th Schedule to the Act which imposes a duty on a driver of a motor vehicle entering a road intersection to give way to the vehicles pr