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Allahbad High Court
K.C.AGARWAL,O.P.SAXENA
Kundan Bala Vora - Appellant
Versus
State of U.P. - Respondent
Decided On : 03/07/1983
MOTOR VEHICLE ACCIDENT - COMPENSATION - COMPOSITE NEGLIGENCE - APPORTIONMENT OF LIABILITY - JOINT AND SEVERAL LIABILITY - INTEREST - COSTS.
Fact of the Case:
A fatal accident occurred between a car and a bus due to the alleged negligence of both drivers. The deceased, Jawahar Vora, was the sole earning member of his family, and his widow and minor daughter filed a claim petition for compensation.
Finding of the Court:
The court found that the accident was caused by the composite negligence of both drivers and that the claimants were entitled to compensation.
Issues: 1. Whether the accident was caused due to the composite negligence of the drivers of the car and the bus and the petitioners are entitled to receive compensation for the loss of their sole earning member of the family. 2. What compensation the claimants are entitled to.
Ratio Decidendi: 1. Negligence is the omission to do something which a reasonable man guided by those considerations which ordinarily regulate the human affairs, would do or do something which a prudent and reasonable man would not do. 2. In a case of composite negligence, there is joint and several liabilities for the whole loss.
Final Decision: The court allowed the appeal, set aside the order of the Claims Tribunal, and decreed the claim for a sum of Rs. 48,300/- along with interest at the rate of 6% per annum from the date of petition till the date of payment and proportionate costs against the respondent.
O. P. SAXENA, J.: - This is an appeal against the order dated 13-1-1977 passed by the learned, Motor Accident Claims Tribunal, Aligarh dismissing a claim petition with costs on parties.
2. The facts giving rise to this appeal are that on 30-10-1970 at about 3.30 P.M. between furlongs 6 and 7 of miles 803-804 of the Khurja-Aligarh road an accident took place in which Jawahar Vora was killed. Jawahar Vora, his wife Smt. Kundan Bala Vora and some others were on their way from Rajkot to Bukaro and were travelling in an Ambassador car No. BRV 1666. They were coming from the side of Khurja and were going to Aligarh. The car was being driven by one Govind U. P. Roadways Bus No. UPB 4455 was on its way from Aligarh to Khurja. It was being driven by Vijai Pratap Singh. As a result of the accident, the car was thrown away in a pit on the left side of the road. By the time people could come to the rescue of the victims of the accident and Jawahar Vora could be taken out, he was dead. He was 32 years old. He was Cashier-cum-Accountant with M/s. Chanchani Brothers (Contract) Pvt. Ltd., Dhanbad, Bihar on a salary of Rs. 400/- per mensum.
3. The claim petition was filed by his widow Smt. Kundan Bala Vora and minor daughter Km. Rashmi for Rupees 80,000/- as compensation with the allegations that the accident was caused due to the rash and negligent driving of the bus.
3-A. The claim petition was contested by the respondent mainly with the allegations that the bus was being driven carefully and cautiously and there was no negligence on the part of the driver of the bus. It was said that the accident was caused due to the reckless driving of the car.
4. The learned Claims Tribunal believed the version of the opposite party and held that the accident was caused due to the negligence of the driver of the car. He consequently dismissed the claim petition. Hence this appeal.
5. The first point for determination in this appeal is as to whether the accident was caused due to the composite negligence of the drivers of the car and the bus and the petitioners are entitled to receive compensation for the loss of their sole earning member of the family.
6. P. W. 1 Smt. Kundan Bala Vora, P. W. 2 Yashpal Khurana and P. W. 3 B.K. Sharma were examined in support of the claimants version.
7. D. W. 1 A.P. Awasthi, Assistant General Manager, Aligarh Region, D. W. 2 S.S. Seth, Foreman, D. W. 3 Kanchan Singh, who was travelling in the bus, D. W. 4 Vijai Pratap Singh, the driver of the bus, and D. W. 5 Yogendra Pal Singh, the Station In-charge, Aligarh Roadways were examined in support of the opposite partys version.
8. The evidence shows that the accident took place on 30-10-1970 at 3.30 P.M. within the Municipal limit of Aligarh town near Swadeshi Bima Cotton Mills. D.W.5 Yogendra Pal Singh Station In-charge made on the spot enquiry and submitted report Ex. A-1 on 24-11-1970. D. W. 2 S.S. Seth, Foreman examined the vehicle and submitted report Ex. A-2. A report of the occurrence was also lodged by Vijai Pratap Singh but the same has not been duly proved.
9. There is a sketch map attached to the accident report Ex. A-1. It shows that the road was 16 feet wide. The patri towards the north was 10 feet wide. The patri towards the south was 12 feet wide. The car is said to have been thrown away in a pit towards the left of the patri an its way from Khurja to Aligarh. The road was wide enough for the bus and the car to pass conveniently. The witnesses examined by both the sides have tried to underscore the responsibility of the driver of the car or the bus.
10. The evidence of P. W. 1 Smt. Kundan Bala Vora shows that the party consisted of others as well and it stopped at the Octroi Post of Aligarh at about 1-30 or 2-00 P.M., that they took their lunch there and that they had proceeded hardly 2 or 3 furlongs when the accident took place. She, of course claimed that the car was moving towards the left side of the road and the bus was coming at a very fast speed on the
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