IMPORTANT POINT
Injuries suffered in road accident – In a case of composite negligence it would be open to claimant to claim compensation from owner of offending vehicle.

JUDGMENT

These appeals have been filed by the Uttar Pradesh State Road Transport Corporation (hereinafter referred to as the ‘UPSRTC’) and the Claimant-Shri Jitender Kumar Rana, respectively challenging the Award dated 05.09.2017 (hereinafter referred to as the ‘Impugned Award’) passed by the learned Motor Accident Claims Tribunal, Shahdara District, Karkardooma Courts, Delhi (hereinafter referred to as the ‘Tribunal’) in MAC No. 205/2013 (New MAC No. 282/2016) titled Sh. Jitender Kumar Rana v. Sh. Ravinder Kumar Dwivedi & Anr..

2. As the appeals challenge the same Award, they are being considered and disposed of by way of this common judgment.

Background Facts:

3. Before the learned Tribunal, it was the case of the Claimant, that is, the appellant in MAC APP. 1131/2017, that on 27.06.2013 at 06.30 a.m., he along with his friends was coming from Allahabad to Delhi in a bus bearing registration no. UP-70DT-0132 (hereinafter referred to as the ‘Offending Bus’) driven by Shri Ravinder Kumar Dwivedi (hereinafter referred to as the ‘Driver’) and owned by the UPSRTC- appellant in the MAC APP. 1092/2017. It was stated that the driver of the Offending Bus was driving the same at a high speed and in a rash and negligent manner, as a result of which, when the said Offending Bus reached near Mourya Petrol Pump, PS Bichhua, Mainpuri, Eta, Uttar Pradesh, it collided with another Roadways Bus, with the other bus scratching past the Offending Bus. The Claimant was sitting on the window seat behind the driver near the emergency gate. The emergency gate was not properly bolted/fixed. In the accident, the Claimant sustained grievous injury. He was taken to the Maharaja Tej Singh District Hospital and thereafter referred to the Ram Manohar Lohia Hospital, New Delhi. He was later shifted to Sir Ganga Ram Hospital, New Delhi. An FIR No. 76/13, at Police Station Bichhua, Uttar Pradesh was also registered on the complaint filed by the Conductor of the Offending Bus. As a result of the abovementioned accident, the right hand of the claimant was amputated till the shoulder. The Claimant pleaded that he was working as a typist for various advocates at the Tis Hazari Courts, Delhi. He filed his claim seeking compensation for the injuries suffered in the road accident.

4. Based on the evidence led before it, the learned Tribunal has held that the claimant had been able to prove that the accident had taken place due to the Offending Bus being driven in a rash and negligent manner by its driver. The learned Tribunal awarded the following compensation to the Claimant:—

“44. Considering all the facts and circumstances of the case, I am of the opinion that petitioner is entitled for the compensation as under:

Challenge to the finding of Negligence of the Driver of the Offending Bus:

5. The UPSRTC, that is, the appellant in MAC. APP. 1092/2017, challenges the Impugned Award on the ground that the learned Tribunal has erred in holding that the injured/claimant has suffered injuries due to the rash and negligent driving of the Offending Bus. It contends that the Claimant has suffered injuries due to his own fault and negligence, inasmuch as he had put his right hand outside the window wh