Ram Khilari and Others vs Murari Lal and Others

J.K. Ranka, J.�The instant civil misc. appeal has been filed by the appellants-non-claimants i.e. driver/owner of the Bus under Section 173 of the Motor Vehicles Act for quashing and setting aside the impugned award dated 3.11.2007 passed by the MACT, Hindaun City in claim case No. 79/2005, whereby the Tribunal while partly allowing the claim of the claimants, awarded a sum of Rs. 3,18,600/- as total compensation to the claimant. On the other hand, the cross objectors-claimants have preferred cross objection to enhance the compensation amount awarded by the Tribunal.

Both the appeal as well as cross objection arise out of the same impugned award passed by the Tribunal, therefore, they are being decided by this common order.

The brief facts as emerging on the face of record are that a claim petition came to be filed by the claimants under Section 116/140 of the Motor Vehicle Act, 1988 before the Tribunal on account of death of Smt. Bhag Bai against the respondents for compensation of Rs. 9,57,500/-, wherein it was alleged that on 24.5.2005 in the morning at about 10.00 A.M. wife of claimant No. 1 Smt. Bhag Bai, Vishnu and Pan Bai were coming on foot from Todabhim to Machidi when they reached near Ramlal Bairwa''s field and before Padampura Mod then respondent No. 1 driver of Bus bearing No. R.R.A. 5415 came from wrong side while driving the bus in a rash and negligent manner and hit wife of claimant No. 1 Smt. Bhag Bai due to which she sustained grievous injuries and died on the spot. The report of the incident was lodged at Police Station, Todabhim upon which FIR No. 187/2005 was registered and after usual investigation, charge-sheet was filed against respondent No. 1 in the competent court of jurisdiction for offence under Section 279, 304-A IPC.

Respondents Nos. 1 & 2 filed their reply wherein they denied all the contents of the claim petition and also denied that accident did not occur due to the vehicle in question. It was pleaded that the false fir has been filed only with the view to some how get compensation and the respondent No. 1 did not drove the vehicle in question on the road on the day of the accident and due to non-insurance of the vehicle, the vehicle was kept at the house of the owner of the vehicle and further they made several complaints to the I.O. and other higher authorities regarding this fact and prayed for dismissal of the claim petition.

The learned Tribunal after hearing arguments of both the parties framed as many as four issues including the issue of relief.

The Tribunal after considering the arguments of both the parties and analysing and evaluating the evidence available on record decided all the issues in favour of the claimants came to the conclusion that on account of rash and negligent driving by the present appellant (respondent No. 1 in claim) the accident took place in which Smt. Bhag Bai died on the spot and therefore the respondents are liable to pay the compensation to the claimants and has passed the impugned award granting a total sum of Rs. 3,18,600/- as compensation in favour of the claimants. The appellants have preferred this for quashing and setting aside the impugned award while cross objection has been filed to enhance the compensation.

No one has chosen to put in appearance and the present appeal and cross objection is being decided on the basis of the record.

On perusal of the findings of the Tribunal it is noticed that the Tribunal has after elaborate discussion and taking into consideration the facts and circumstances of the case and perusing & analysing the evidence available in the form of F.I.R. (Ex.1), Postmortem Report (Ex.2), Panchnama (Ex.3), R.C. Bus (Ex.4), Charge-sheet (Ex.5), Naksha Mauka (Ex.6), seizure memo of bus (Ex.7), M.I. Of Bus (Ex.8), Notice U/Sec. 133 M.V. Act (Ex.9) passed the impugned award. In my view, the Tribunal has rightly decided all the issues on their merits and did not commit any infirmity, illegality or perversity in passing the impugned award. The Tribunal after perusing the statement of Ram Khilari the present appellant and driver of the Bus, who though appeared before the Tribunal, but did not place/give any explanation and, therefore, in the absence of any explanation offered by the present appellant rightly came to the conclusion that Ram Khilari the present appellant was certainly involved in the accident and who was driving the vehicle Bus No. R.R.A. 5415 in rash and negligent manner hitting Smt. Bhag Bai, who died. In my view this finding is sufficient to prove the negligence on part of Ram Khilari the present appellant and issue has rightly been decided in favour of the claimants/respondents. Therefore, no interference is required to be made in the order/award passed by the Tribunal. Tribunal has also considered the fact that the claimants of the deceased were unable to prove about income earning capacity but considering the facts that female members play important role in family affairs and services of the female cannot be ignored has rightly allowed the amount to the tune of Rs. 3,18,600/- which has been granted for an incident of the year 2005, and cannot be said to low. Accordingly, both the appeal as well as cross objection deserve to be dismissed.

Consequently, the appeal as well as cross objection being devoid of merit are hereby dismissed.

Since no one has appeared therefore copy of this order be sent to the Tribunal for disbursement of the amount.