Surjit Kaur v. Union Of India




    
  

 

 Date of decision: 22nd January, 2015  Surjit Kaur and another  Appellants

Versus

Union of India and others  Respondents     !"

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 1.

Whether Reporters of Local Newspapers may be allowed to see the judgment?

2.

Whether to be referred to the Reporters or not? 3.

Whether the judgment should be reported in the Digest?

Present:

Mr. Vinay Saini, Advocate for Mr. G.S. Nagra, Advocate for the appellants.

Mr. Vikas Chatrath, Advocate for Mr. Abhay Pal Singh Gill, Advocate for respondent No.2.

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$ The appellant/claimants having been unsuccessful before the learned Motor Accident Claims Tribunal, Rupnagar by virtue of Award dated 03.11.2000 have come up in this appeal. Upon hearing Mr. Vinay Saini, Advocate appearing on behalf of Mr. G.S. Nagra, Advocate for the appellants and Mr. Vikas Chatrath, Advocate on behalf of Mr. Abhay Pal Singh Gill, Advocate for respondent No.2.

It is well established case of both sides that on 15.11.1997, a bus owned by Chandigarh Transport Undertaking bearing registration No.CHD81G85523 being driven by Ajaib Singh respondent met with an accident near Morinda Power House with a tractor8trolley on account of rash and negligent driving by the driver of tractor8trolley which being laden with pipes struck its side on the driver side of the bus as a consequence of which one of the pipes entered the bus body and hit the passengers resulting in death of deceased Bahadur Singh. It is also the stand of the respondents and thus, on account of findings of the learned Tribunal pertaining to the mode of the accident has led to denying of compensation under Section 166 of the Motor Vehicles Act, 1988 as only "no fault" compensation has been awarded.

The lone point that is sought to be assailed by the appellants is that failure of the claimant/appellants to array owner, driver and insurer of the tractor8trolley has led to this finding. The Tribunal has concluded in its findings that from the evidence led on the record, rashness and negligence on the part of driver of the tractor8 trolley is proved but who have not been impleaded as party to this case. It is further proved on the record that a similar claim petition of another claimant Neelam had been allowed through Award dated 01.09.1999 by the Motor Accident Claims Tribunal, Chandigarh. Even in that claim petition though there were allegations of collusion between a tractor8trolley and the bus in question and the learned Tribunal while giving its findings in that Award on issue No.

divergent expressions of opinion pertaining to the same very accident has led to an innocuous situation. Keeping in view that the Act is a welfare statute for the betterment of the claimants and such a finding certainly undermines the administration of justice. What is apparent is that there has been misinterpretation of the evidence by the Tribunal and by applying the principle of




it is abundantly clear and much established that the tractor8trolley laden with pipes and the bus in question have hit each other head8on and therefore, it is clearly apparent a case of negligence. It is expected of driver of a vehicle to ensure what is coming in front of his vehicle and thus, being on a highway it was expected of the driver of the bus as well as that of the tractor8trolley in question to be vigilant enough to thwart any such eventuality of any mishap. The determination of the question as to who was at fault is within the domain of the Court.

Thus the Tribunal could not comprehensively and judiciously adjudicate which of the drivers/vehicles was at fault in the absence of the driver/owner of the tractor trolley who have not been arrayed as a party in spite of being very essential and necessary which is also abundantly established from the evidence. The Tribunal remained a mute spectator to this and has miserably failed even to exercise its powers and could have ordered arraying of them as so. Thus, this has not only prejudiced the rights but has also resulted in miscarriage of justice.

decide it afresh. Parties through their counsel are directed to appear before the Motor Accident Claims Tribunal, Rupnagar on 23.03.2015. 

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