IMPORTANT POINT
Mere mechanical failure is not enough to exonerate Transport Undertaking from its liability in absence of evidence being adduced that vehicle was maintained properly.

Judgment

Arun Mishra, J.

Leave granted. The appeal arises out of judgment and order passed by the High Court of Punjab & Haryana at Chandigarh in FAO No.862 of 1997 thereby dismissing the appeal filed by the claimants assailing the award dated 8.1.1997 passed in M.A.C.T. No.18/1994.

2. The claimants preferred petition under section 166 of Motor Vehicles Act on account of death of Mulakh Raj, aged 25 years, who died in an accident involving Bus No.CH-01-G-5152. He boarded the said bus from Una for Delhi. Near Kotli about 5 kms. before Anandpur Sahib the bus dashed a stationary tractor trolley and thereafter struck against a eucalyptus tree and turned turtle. It was driven rashly and negligently by Gurlabh Singh, owned by Chandigarh Transport Undertaking. The deceased was the sole bread winner of the family, used to earn Rs.4552 per month, was a Headmaster and in addition used to earn Rs.1000 per month from agriculture.

3. The respondent driver contested the claim petition and contended that the accident was not the outcome of rash and negligent driving but due to a sudden breaking of belt of spring the accident took place. He was not at fault.

4. The Transport Undertaking in a separate statement contended that when the bus reached near village Solkhain, two scooterists came from the opposite side. The scooter was driven rashly and negligently and struck the bus on the driver side which was the cause of accident. The accident did not take place due to fault of the bus driver.

5. The Motor Accidents Claims Tribunal came to the conclusion that accident was caused due to sudden breaking of belts of springs for which driver could not be said to be at fault. Under no fault liability a sum of Rs.25,000 had been awarded to the claimants. The claim petition was dismissed. The High Court has affirmed the award hence the present appeal before us.

6. It was strenuously contended by learned counsel appearing on behalf of the appellants that the courts below have erred in law in dismissing the claim petition. Pleas totally at variance from each other have been taken by the driver and Transport Undertaking in their reply and the statement of mechanic that breaking of belt of springs can take place in case brakes are applied all of a sudden, has been ignored. The finding recorded by the courts below that the driver did not drive the bus rashly and negligently is perverse and deserves to be set aside. Suitable compensation be awarded.

7. Learned counsel appearing on behalf of the respondents has supported the award. It was contended that the accident took place due to mechanical failure for which driver could not be said to be responsible. In the absence of rash and negligent driving by the driver of the bus liability has rightly not been fastened on the owner and driver.

8. Having heard learned counsel for the parties at length, perusing the evidence and the orders passed by the courts below we are of the considered opinion that grave error of law has been committed while arriving at the findings as to the method and manner in which accident has taken place and as to rash and negligent driving of bus driver. There is reliable evidence adduced on behalf of the claimants that the bus was driven at high speed and it dashed firstly against the stationary tractor parked below the road and thereafter it dashed against the eucalyptus tree. The Transport Undertaking has taken totally different plea that the scooterists came from the opposite side and dashed against the driver’s side of the bus which was the cause of accident. The driver has not taken the stand that any scooter was involved in the accident. The pleas taken by the driver as well as the Transport Undertaking are totally at variance. It is clear that they have not come to the tribunal with clean hands. Even otherwise there is nothing to doubt the version of the claimants and their witnesses that the bus was driven rashly and negligently. Ram Kishan, PW-3, has clearly stated that the bus was driven