The court affirmed that the bus driver's negligence caused the accident and mandated enhanced compensation, including future prospects and consortium amounts.

Oral Judgment. :

1. The Corporation has preferred appeal against the judgment and order passed by the Motor Accident Claims Tribunal, Thane (for short “the Tribunal”).

2. The Respondents/Claimants have also filed cross-objection for enhancement of compensation. As appeal and cross-objection are against the same judgment and order hence, I am deciding it by this common judgment.

3. It is contention of learned counsel for the Appellant - Corporation that accident occurred due to sole negligence of the deceased, who was driving the Maruti Car, he dashed the offending bus but this fact is not considered by the Tribunal. Hence, requested to allow the Appeal.

4. It is contention of learned counsel for the Respondents/Claimants that the offending bus was in high speed, the driver of offending bus could not control the speed of bus and initially he dashed the Ambulance, which was ahead of Car of deceased and then dashed Car of deceased. To prove the negligence of driver of offending bus, witness was examined. Considering the evidence on record, the Tribunal has held that accident occurred due to sole negligence of the driver of offending bus. Learned counsel further submitted that while awarding compensation, the Tribunal has not awarded future prospects and consortium amount. Hence, requested to allow the Cross Appeal and reject the Appeal.

5. I have heard both learned counsel. Perused judgment and order passed by Tribunal.

6. It is Claimant’s case that on 24th February, 2004 deceased Mahesh had gone to Nashik for purchasing goods for his General and Stationary Stores. When, he was returning to Jawhar by his Maruti Omni Car bearing No. MH-04-CB-7502, one Ambulance bearing No. MH-04-H-0331 was ahead of Maruti Car. There was ascend on the road, at the place of accident, when his Maruti Car was proceeding at about 4:40 p.m. S.T. bus bearing registration No. MH-20-D-5249 came from opposite direction in high speed, driver was driving it rashly and negligently. Due to the high speed, driver of bus lost his control and consequently, it gave dash to the driver side of the Ambulance, which was ahead of the Maruti Car of deceased. As a result of the dash given by the S.T. bus, the Ambulance went in a drainage, situated by the side of the road. After giving dash to the Ambulance the bus went ahead and dashed the Maruti Car driven by the deceased. Due to said dash, deceased sustained severe injuries and died on the spot. Offence was registered against the driver of offending bus.

7. To prove the negligence of deceased, the Claimants have examined Narendra Patil driver of Ambulance at Exhibit-50, he has stated that at the time of accident he was proceeding from Jawhar to Mokhada along with Medical Officer by Government Ambulance. At about 4:00 pm when Ambulance reached at the place of accident at that time, a bus came from opposite direction towards his Ambulance therefore, he took the Ambulance towards his extreme left side to avoid impact and in that process, left side front of the Ambulance went into the drainage. He has stated that S.T. bus gave dash to the right side of the Ambulance and then went further and dashed the another vehicle i.e. Maruti Car, which was behind his Ambulance. Nothing elicited in cross-examination of this witness. To prove its defense the driver of offending bus Upendra Mali examined himself.

He has stated that when the bus reached at a curve, he saw a Maruti Car coming from opposite direction, he further stated that Ambulance came in high speed from opposite direction by over taking Car and therefore, he stopped the bus but the Ambulance dashed against the bus and the Car was behind the Ambulance, the car dashed against the Ambulance. He has stated that accident took place due to negligence of the driver of Ambulance and Car.

8. While dealing with this issue, the Tribunal has observed that in cross-examination, the driver of offending bus has admitted that he had applied brake of bus. In spite of that, bus went ahead up to so