The corporation is liable to pay compensation to the appellant for the damage caused to his truck by the negligence of its driver.

R.K. Vijayvargiya, J.

1. This appeal by the claimant under Section 110-D of the Motor Vehicles Act is directed against the award dated 26.11.76 passed by the Member, Motor Accidents Claims Tribunal, Shajapur in claim case No. 10 of 1975.

2. The facts giving rise to this appeal briefly stated are as follows: The Appellant is the owner of truck No. M.P.F. 6657. On 22.4.75 at about 6.00 a.m. the Appellant's aforesaid truck was coming from Shajapur side and proceeding towards Indore. The said truck stopped near Makshi Chowki in front of the hotels which are situated on the road side. Passenger bus No. M.P.W. 1134 owned by the M.P. State Road Transport Corporation (hereinafter referred to as 'the Corporation') and driven by its driver Premsingh Ojha came from the Shajapur side and dashed against the stationary truck of the Appellant. The truck was badly damaged in the accident. The Appellant claimed a sum of Rs.35,000/- as compensation from the Respondents for the damage caused by the rashness and negligence of the driver Premsingh in driving the said bus in the course of his employment with the Respondent No. 1 Corporation. The Respondent No. 2 is the mother of the driver Premsingh and was joined as a party as the legal representative of Premsingh because Premsingh died in the accident. The Respondents contested the claim. According to them the driver of the Appellant's truck was negligent in parking the truck on the right side of the road which was not visible in the darkness and the accident was not caused on account of the rashness or negligence of the driver of the bus. The Tribunal held that it was not proved that the accident was caused on account of the rashness and negligence of the driver of the bus. The Tribunal dismissed the claim of the Appellant. The Tribunal also gave a finding that if it is held that the accident was caused on account of the negligence of the driver in driving the bus the claimant is entitled to Rs.15,000/- as compensation from the Corporation. Aggrieved by the award of the Tribunal the claimant has preferred this appeal.

3. The Learned Counsel of the Applicant contended that the Tribunal committed an error in holding that it was not proved that the accident was caused on account of the rashness and negligence of the driver of the bus belonging to the Corporation in driving the bus because the truck of the Appellant was parked on the wrong side of the road. The Learned Counsel for the Applicant also contended that the Tribunal committed an error in not assessing damages for 20 days during which the truck of the Appellant remained under repairs and could not be gainfully used. The Learned Counsel for the Respondents supported the award of the Tribunal.

4. Having heard Learned Counsel for the parties I have come to the conclusion that this appeal deserves to be allowed. Now it is not in dispute that there was an accident in which the truck belonging to the Appellant was damaged. It is also not in dispute that when the accident was caused the Appellant's truck was parked on the right side of the road near the hotels. The Tribunal held that as the truck was parked on the right side of the road, it cannot be held that the accident was caused on account of the rashness or negligence of the driver of the bus in driving the same. It is difficult to appreciate the reasoning of the Tribunal. The bus belonging to the Corporation was proceeding in the same direction. The bus therefore should have been driven on the left side of the road. If that was done the accident would not have taken place because the Appellant's truck was parked on the right side of the road.

5. There would have been some force in the contention of the Learned Counsel for the Corporation if the Appellant's truck was parked on the left side of the road and the road was obstructed because of the parking of the truck on the road. In the present case no material has been placed on record why the bus belonging to the Corporation was being drive