The negligence of the bus driver was the primary cause of the accident, and the compensation awarded to the claimants should be enhanced accordingly.

JUDGMENT :

D.K. Mahajan, J.

This order will dispose of First Appeals from Orders Nos. 33, 39, 40, 41, 42, 43, 46, 78,'9 and 80 of 1963. These are cross-appeals, four by the State and six by different claimants.

2. The accident occurred on the 23rd of September, 1960, between a car No. PNF 5370 and bus belonging to the Punjab Roadways No. PNJ 6441, on the crossing of the road from Pathankot to Jullundur and the by-pass connecting the Grand Trunk Road between Ambala and Amritsar. The by-pass has been built recently to divert the Grand Trunk Road from the main city. The car was going from Ludhiana to Amritsar and the bus was coming from Pathankot to Jullundur and there was a head-on collision. The bus hit the car in the middle, overturned the car and pushed it to the ditch where it also over-turned along with the car. As a result of this accident, the driver of the Car, Vijay Singh and out of the occupants. Harpal Singh Thapar, Gaya Parshad, a lawyer's clerk and Mr. Sham Krishna Kohli, Advocate were killed. Sat Pal Singh only got injuries. Claims were made on behalf of these persons as follows:

(1) Shrimati Makhan Devi widow of Vijay Singh claimed a sum of Rs. 20,000

(2) Sat Pal Singh claimed 20,000

(3) (a) Shrimati Inder Kaur

mother of Harpal Singh Thapar and his widow (b) Smt. Phool Kumari claimed Rs. 75,000

(4) Gaya Parshad's widow claimed 20,000

(5) Mr. Sham Krishan's daughter Veena Kohli made a claim for 20,000

The claims were made to the Motor Accidents Claims Tribunal and the Claims Tribunal, after holding that the negligence was equal, of both the drivers of the car as well as of the bus, awarded half the compensation which it settled as payable. The compensation that has been ordered to be paid is as follows:

(1) Vijay Singh's widow Mrs. Makhan Devi and mother Mrs. Darshan Devi KS. 3,600

(2) Sat Pal Singh 6,000

(3) Mrs. Inder Kaur mother of Harpal Singh, Mrs. Phool Kumari's claim was rejected in toto on the ground that she had received Rs. 25,000 on account of the insurance policy of the deceased 3,000

(4) Gaya Parshad's widow, Mrs. Jai Rani was awarded 4,320

and the claim of Veena Kohli was rejected because she got Rs. 92,000/-from the estate of the deceased father. Against this decision, as already stated, there are four appeals by the State and six appeals on behalf of the claimants.

3. The first question that has to be determined, is as to the negligence because the claim of the State is that there was no negligence on the part of the bus driver; whereas the claim on the part of the claimants is that the entire negligence was of the bus driver and the car driver was not negligent. Oral evidence has been led on the question of negligence. There is also a plan of the spot showing the location of both the roads as well as the different distances and the directions from which the two vehicles came. The point where the two vehicles collided and the point where the bus and the car ultimately landed are also shown. A.W. 15, Mohinder Singh, a Head Constable of Police, who was sitting on the first row seat on the left side of the driver, has categorically stated that "the bus was going rather fast; that the bus struck the car and carried it along with it about 15-16 feet where the car was struck against the pole with the force of the bus. The telegraph pole got broken and the car and the bus overturned and fell in the ditch which runs along the Tanda road. The bus driver did not apply his brakes even in the Chowk and continued running at the same speed. The by-pass road is the main road and is twice as wide as that of the Tanda road on which the bus was running. The Tanda road is not wide and the bus had apparently occupied the whole of the pucca road when it was proceeding to Jullundur. The corner at the Chowk is blind one on account of the growth of Tahli trees. The vehicles coming from a distance are not visible from either side. However, they become visible when they are within the reach of 100 feet from the Chowk. I noticed the prese