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1988 Supreme(All) 117
IN THE HIGH COURT OF ALLAHABAD
K. C. Agarwal and R. K. Gulati, JJ.
HARDEV KAUR - Appellant
Versus
RAJASTHAN STATE ROAD TRANS.CORPN. - Respondents
F. A. F. O. 309 Of 1980
Decided On : 03/02/1988
The court emphasized the importance of careful and cautious driving, particularly at road intersections, and held the bus driver liable for the accident due to his negligent driving.
Headnote:
MOTOR VEHICLE ACCIDENT - NEGLIGENCE - LIABILITY - QUANTUM OF DAMAGES - DEDUCTION FOR LUMP SUM PAYMENT - PRINCIPLES.
Fact of the Case:
A fatal motor vehicle accident occurred when a bus driven by Ramesh Chandra Sharma collided with an Ambassador car driven by Major Dalip Singh, resulting in the death of Major Dalip Singh and injuries to his wife and two sons, as well as Lt. Col. Avinash Bhalla, who was a passenger in the car.
Finding of the Court:
The Motor Accidents Claims Tribunal found that the accident was caused by the rash and negligent driving of the bus driver, Ramesh Chandra Sharma, and awarded compensation to the victims.
Issues: 1. Whether the accident was caused by the negligence of the bus driver. 2. The quantum of damages to be awarded to the victims.
Ratio Decidendi: 1. The court held that the accident was caused by the negligence of the bus driver, Ramesh Chandra Sharma, based on the evidence presented by the claimants and the inspection of the accident site. 2. The court determined the quantum of damages based on the deceased's income, age, and life expectancy, as well as the injuries sustained by the other victims.
Final Decision: The court dismissed all three appeals filed by the Rajasthan State Road Transport Corporation and Ramesh Chandra Sharma, upholding the decision of the Motor Accidents Claims Tribunal.
( 1 ) THESE three connected appeals have arisen out of the Motor Accident Claim No. 55 of 1977 and Motor Accident Claim No. 5 of 1978. Out of these two claims, Motor Accident Claim No. 55 of 1977 has been preferred by Hardev Kaur and her children, whereas Motor Accident Claim no. 5 of 1978 has been filed by Lt. Col. Avinash Bhalla. Both of these claims were preferred against Rajasthan State Road Transport Corporation and Ramesh Chandra Sharma, its driver.
( 2 ) THE aforesaid two claims were in respect of the accident which took place on 30. 7. 1977 at about 3. 30 p. m. when the Ambassador car No. UPS 5843 driven by Major Dalip Singh was dashed against by Ramesh Chandra Sharma, the driver of the bus No. RSG 7487 of Rajasthan state Road Transport Corporation.
( 3 ) ON 30. 7. 1977, Major Dalip Singh was going to Delhi by his Ambassador car, along with his wife Hardev Kaur and his minor sons Jasminder Singh and Balwinder Singh. He had picked up lt. Col. Avinash Bhalla from the Mess for going to the Ordnance Depot. Avinash Bhalla was to be dropped at Narhauli crossing where the occurrence took place. Major Dalip Singh was going to Delhi by National Highway when the bus No. RSG 7487 collided on left hand or western side of the National Highway as a result of which Major Dalip Singh received serious injuries and ultimately succumbed to death in the same evening. His two sons as well as his wife were also injured. Lt. Col. Avinash Bhalla, who filed Claim Petition No. 5 of 1978, also received injuries. In the accident, the Ambassador car was badly damaged.
( 4 ) FOR the accident, following are the details of compensation of Rs. 5,50,000/-claimed by hardev Kaur:
(a) Rs. 5,00,000/- on account of death of Major Dalip Singh. (b) Rs. 50,000/- on account of injuries sustained by Hardev Kaur, Master Jasminder Singh and master Balwinder Singh.
( 5 ) IN the claim petition, Hardev Kaur and others alleged that Major Dalip Singh was an Army officer and he had a very bright future. He was 36 years of age at the time of accident and was drawing Rs. 2,200/- per month and was nearly spending Rs. 1,400/- per month on the claimants, who were solely dependent on the deceased.
( 6 ) CLAIM No. 5 of 1978, as stated above, was filed by Lt. Col. Avinash Bhalla for compensation for the injuries which have been received by him, on the ground that the accident occurred due to rash and negligent driving of the bus by Ramesh Chandra Sharma.
( 7 ) THE Rajasthan State Road Transport Corporation and Ramesh Chandra Sharma filed two separate written statements but pleaded a common case. It was denied that the accident took place on account of rash or negligent driving of the driver of the bus. On the other hand, the bus was being driven very carefully and at slow speed but as the driver of the car was negligent and was driving it at a very high speed, the car dashed against the left hand side of the bus in the middle when half of the bus had already crossed the National Highway. The respondents denied that Lt. Col. Avinash Bhalla was also travelling in the car or that he received any injury in the occurrence.
( 8 ) BEFORE the Motor Accidents Claims Tribunal, the parties led oral evidence on the controversy as to whether the accident occurred due to negligence of the bus driver or because of rashness of major Dalip Singh. Hardev Kaur, PW1, Lt. Col. Avinash Bhalla, PW 2 and Dr. Y. K. Dubey, PW 3, appeared for the claimants of the two cases, whereas Ramesh Chandra Sharma and Prem singh, OPW 1 and 2, appeared for the Rajasthan State Road Transport Corporation.
( 9 ) THE learned Judge also made local inspection of the spot on 24. 12. 1979 in the presence of the counsel for both the parties. The inspection note is on the record as paper No. 47-A The inspection was made at the request of the Rajasthan State Road Transport Corporation.
( 10 ) HOLDING that the accident took place on account of the rash and negligent driving of Ramesh chandra, driver of the bus,
