U.P.S.R.T.C. vs Sushila Devi

A.P. Singh, J.—The present First Appeal from Order has been filed against the judgment and order dated 16.5.1984 passed by the Motor Accidents Claims Tribunal Additional District & Sessions Judge, Azamgarh in Motor Accidents Claims Case No. 90 of 1982. The facts of the case are that one Deepak Kumar owner of Sweet Meat Shop was going on a Rickshaw along with one Tilak Dhari who was seated with him and one Algoo was following him on a cycle. It is alleged in the claim petition filed by respondent Nos. 1 to 5, who are the dependents of deceased Deepak Kumar, that in the night of 23/24 June, 1982 at about 12.30 a.m. the deceased was going on Rickshaw toward the Railway Station and that when he reached near the Civil Court Crossing adjacent to Church, the Rickshaw was hit from behind at the right side by Bus No. U.P.C. 5690 which was going from Allahabad to Deoria at a very high speed and was being driven rashly and negligently. As a result of said accident, deceased Deepak Kumar received head injuries as well as fractures of hand and leg and died while he was being removed to the hospital. It is further alleged that the said bus did not go to Azamgarh Bus Station and went straight to Deoria without stopping at the spot of the accident.

A sum of Rs. 8,18,000/- was claimed by way of compensation. The claim of respondents No. 1 to 5 was contested by appellant and Prem Shanker Mishra, respondent No. 6, who happened to be the driver of the aforesaid bus. The appellant and respondent 6, both filed their written statements denying the fact that the accident took place with the above mentioned bus. According to them when the Bus passed that way, accident had already taken place and deceased was lying on the road. The bus did not stop and went away at the speed of 5 Km. per hour. It was also denied that the bus was being driven very rashly and negligently. It was further denied that the bus went straightaway to Deoria but it went first to Azamgarh Bus Station thereafter to Deoria.

Before the Trial Court three eye-witnesses namely, that Tilak Dhari who was sitting with the deceased and had also received injuries and Algoo who was following the deceased on cycle and had also received injuries along with Ram Pyare, who was occupant of the Bus, were examined. All these witnesses corroborated the case set up in the claim petition and were believed by the Tribunal as they were found to be independent witnesses. On the other hand, appellant examined the driver and conductor of the bus whose version was corroborated from the document filed by the appellant and also from those who were summoned by the Tribunal. Their versions were not believed due to various reasons given in the judgment under appeal. The Tribunal on consideration of evidence of independent witnesses found that the accident had taken place due to negligent and rash driving of the bus, as a result of which deceased Deepak Kumar received fatal injuries and died while being carried to the hospital. The Tribunal also found that the Rickshaw on which the deceased was travelling was going on extreme left side of the road. In the opinion of the Tribunal the negligence of the bus driver was fully established and the Tribunal on consideration of evidence adduced on behalf of the claimants also found that the deceased had Sweet Meat Shop at Railway Station, Azamgarh and his monthly income was Rs. 8,00/- per month, The Tribunal was further of the view that the case of the appellant that monthly earning of the deceased was Rs. 300/- was not be believed. The life expectancy of the deceased was assessed at 65 years on the basis of average age prevailing in the country. The claimant had claimed that life expectancy in the family of the deceased was 85 years, which, however, was not believed due to lack of cogent independent evidence. The Tribunal also gave deduction of Rs. 300/- per month towards the expenses which the deceased would have made on himself and further deduction of 25% was given on account of lump sum payment and on account of uncertainties of life.

We have heard Shri S.K. Sharma, learned Counsel for the appellant and Shri Shirish Prasad on behalf of the respondents. At the bar learned Counsel for the appellant attacked the judgment on the ground that the accident had not taken place with the bus (Bus No. U.P.C. 5690) belonging to the appellant. It was argued that the accident had already taken place before the said bus reached the spot of the accident and claimants had wrongly been roped in the accident. It was urged that by the time the bus No. U.P.C. 5690 belonging to the appellant reached the place of accident the vehicle which had met with the accident had already gone away .The learned Counsel for the appellant tried to justify this contention on the basis of the plea taken in this regard in the written statement filed on behalf of the appellant and the driver, respondent No. 6.

We are not in agreement with the arguments of the learned Counsel for the appellant. Three independent witnesses, namely, Algoo, Tilak Dhari and Ram Pyarey, who have been examined as P.Ws. No. 2, 4 and 3 respectively in their statement had deposed before the Tribunal that the accident had taken place with the bus No. U.P.C. 5690 which was coming from Allahabad side and was going to Deoria side and was being driven in t rash and negligent way and on account of the said accident the Rickshaw was crushed and deceased received very serious head, hand and legs injuries and died soon thereafter. It is to be noted that both Tilak Dhari who was sitting in the Rickshaw along with deceased and Algoo who was following the Rickshaw on cycle, are natural witnesses and their presence at the place of occurrence neither can be disbelieved nor any evidence has been shown to doubt their presence on the spot. Apart from them Ram Pyarey, who was an occupant of the bus, which hit the deceased resulting in his death, has also corroborated their testimony. He had gone to Allahabad for purchasing Maida, as good quality maida was not available a Azamgarh at a reasonable rate. He had stated in his deposition that he was coming back from Allahabad by the said bus which was being driven very rashly and negligently. He also stated that the said bus hit the Rickshaw on which the deceased was sitting and did not stop there and went straight away towards Deoria instead of going to Azamgarh Bus Station where it should have normally gone before proceeding for Deoria. He has further deposed that the bus stopped near the Municipal Board building, Azamgarh where he got down and came back to the place of incident and found the deceased lying on the road. The testimony of Ram Pyare has not been disbelieved nor any material has been shown to us on which the testimony of Ram Pyarey who was a neutral witness can be disbelieved.

In the circumstances it is not possible for us to record a finding different from the finding recorded by the Tribunal. We, therefore, confirm the findings of the tribunal and hold that the accident had taken place with the Bus No. U.P.C. 5690, as a result of which the deceased had died. The other points in the appeal were not pressed. We, therefore, do not intend to deal with those points. In the result the appeal fails and is dismissed.