Amar Singh vs Manphool Singh and Others

K. Kannan, J.—The appeal of the claimant is against the decision of the MACT dismissing the petition. The claimant was a rider on a

moped and the accident had occurred at the road T junction. The witnesses cited on the side of the claimant gave evidence to the effect that he had

come from the side road and was proceeding on the main road going towards Karnal, when the Haryana Roadways dashed against him causing

him grievous head injury and fracture of his right leg. The Tribunal disbelieved the evidence and accepted the evidence tendered by the driver that

the claimant came on to the main road without seeing the oncoming vehicle, lost his balance and even while the bus driver swerved all the way to

the right to avoid hitting the claimant, the handle bar of the moped struck against the middle of the bus and he fell down near the rear wheel of the

vehicle. The Tribunal, therefore, held that the driver of the bus must be taken to have driven the vehicle carefully and the negligence was only on the

part of the claimant.

I would, on the other hand, place the negligence on both the vehicles. While it is true that a person coming on the main road from a side road

has to be careful, a driver on the main road shall just as well be careful to anticipate any unwary driver cutting into the main road and reduce speed.

The fact that the driver of the bus had taken the vehicle all the way to the right side also proves that he was coming at considerable speed that he

could not stop the vehicle quickly but drove on for quite a distance and steered to the right in the process and stopped only when the collision had

been made. In the manner narrated, I would accord a higher percentage of culpability on the claimant at 60% and apportion the negligence of the

driver of the bus at 40%.

The Tribunal, even while dismissing the petition had assessed the loss at Rs. 51,500/- . Amongst the heads of claim, I would raise the medical

expenses to Rs. 16,500/- which were covered under the bills against Rs. 10,000/- awarded by the Tribunal, and the loss of income at Rs.

10,000/- against Rs. 5,500/- on the basis that there was evidence that he was earning Rs. 1100/- per month and he could not work for nearly 10

months. By virtue of the accident he had a shortening of leg by 3-2"" and against Rs. 18,000/- assessed for disability, I would raise it to Rs. 25,000.

In sum, the total amount shall be in addition of Rs. 18,500/- over Rs. 51,500/- already assessed i.e. Rs. 70,000/- . This amount shall be reduced

to the extent of 60% viz. Rs. 42,000/- and the 40% liability for the negligence of the driver shall be Rs. 28,000/- . This amount shall also attract

interest at 7.5% from the date of petition till date of payment. The liability shall be on the Respondents 2 and 3.

The appeal is allowed to the above extent.