84 r 4 2 IN THE HIGH COURT OF PUNJAB AND 1 CHANDIGARH FAO N0019840f1999 Dateofdecisionl August25 2009 The BaporaTrishulCooperativeTransportSocietvLimited Bhiwani VERSUS Smt Annu and others Respondents L CORAM2 HONBLE MR JUSTICE TPSM1UITN 0 0 I PRESENT Mr RASheoran Advocate C9 for theappellant I Mr Joginder Shanna Advocateand 4 P Mr SurinderGandhi Advocate 18 for Nos l to 3 1C K1 lj 0 Nonefor No4 r L Mr KanwaljitSinghAdvocate for 1 Mr Vinod Advocate 0 for No C Mr NeerajKhanna Advocatefor 1 Mr Deepak Suri Advocate for No6 D P b TePeSMANN Je By a common the Court intendsto disposeofFAO jl Nos 1984 2387 2388 2389and 2390of 1999 as well as Cross Objections 1 No10CII 11CII 12CII and13CII of2000 as all ofthem havebeenOled againstthe dated26A999 passedby Motor AccidentsClaims Tribunal Bhiwani whereby five separateclaim petitionsarisingout of one accidentwere decided together 41 . Anita 2012.09.10 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:55 I attest to the accuracy and integrity of this document 85 teeFAO No19840f1999 e In the claim petition titled Annu etc vs UmedSingh it was averredthat on 12121996 Karambir deceasedwas drivingbus V NoR46e1813at a moderatespeed with care andcaution while two jeeps NoHR163853 and HR239609 were comingfrom the side of Tosham beingdriven in a rashand manner and at a very highspeedand jeepNol4R16e3853 was followingjeepNoJlR23m9609 But theycould not controlthe same at the time of andjeepNoR239609 1 dashedwith busNoHR461813 anddueto that all the four occupantsof thejeepdied at the spot In the accident the driver of the bus received 0 0 senous injuries and he was also declareddead in the hospitalFIR was I C5 Oll the basis of wrong informationgivenby Sat I Narain who colludedwith the owner ofjeepNoRe239609 In fact there Z on the partof the driver of the bus and accidenttook wasno t placedue to rash and drivingof jeep NoR23e9609 the claimants who were widow and parentsof deceased Karambirsought to the tune of Rs2500001e Z interestC 18Io per annum QO In the other four claim petitionsthe version was that on 7 Z 12121996 jeepsbearingNo DL4CD4134 HR239609 and H Qm 3853 were parked at busstand Tosham and on the same dayat about900 a one driver namelyRaju residentofvillageDinod alongwith another person had stolenjeepNoHR163853 from theparkingandtried to flee towardsBhiwani when Sureshdriver ofjeepNoHR239609 some other persons namelySatbir son of Amar SinghRameshson of Bhim Singhand Jai Parkashson of RamjiLal ieceased startedthe Jeep and chased the stolen jeep When theyreachednear the fields of Ruiia . Anita 2012.09.10 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:55 I attest to the accuracy and integrity of this document 86 FAO No 19840f1999 3 Ram residentof villageSangwanbusNoHR461813 beingdriven 111 rashand manner byKarambirson of Fateh Singhresidentof village Kaluwas came from the opposite side andstruckwith jeepNoHR 239609with the result accidenttook placeand Satbir Suresh Ramesh andJai Parkashwho were travelling in thejeepreceivedfatalandgrievous inJurleson theirpersonsand diedat thespot However Karambir driverof thebus also received fatalandgrievousinjuries who was brought in Civil 1 Bhiwani where he expiredSome other persons who were r in thebus alsoreceivedinjuries on their persons Police came at 0 0 thespotand on the statement ofSat Narain son ofPehlad Singhresidentof C5 village FIR Nol7 dated l2 121996 under Sections I IPC was againstthe driverof thebus Thus Z to them accident took placedueto rashand drivingof Karambirdriver of bus NoHR461813 claimantsOm Bai I andothers SmOhanna Devi Bhim Singhand others and Smt Phula Devi and otherssoughtRs6600001 Rs100001 Rs6620001 and Rs Z Rs120001 as interest C 18Io per annum on 0 account of deathsof Suresh Satbir RameshKumar and ai Parkash em Z The 111 their separatewritten statements had controvertedthe stand of the claimantsallegingthat theyhad no locus standito file the petitions which were basedupon wrong facts Theywere also not maintainablein thepresentfom However the took differentstands the cause ofaccident Accordingto the BaporaTrishul Transport Society owner ofthe bus the accidenttook placedue to rashand 1 . Anita 2012.09.10 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:55 I attest to the accuracy and integrity of this document 1 m4 87 AO No 1984 0f1999 4 driving of thedriver of thejeepanddriver of the buswas not at fault speedof the bus was very moderateand was beingdriven with careand caution However from thesideofTosham twojeeps NoliRe238609 and IJ HR6e3853 came in a rashand manner andwhen the driver ofjeepNoHRe239609 tried to overtakejeepNoliR163853 thenjeepNoHRe239609 dashedagainst the bus Due to that accident took placein which all the fouroccupantsofthe diedat the spot 1 andthe driver of the busalso receivedseriousinjuries and he was declared r deadin thehospital 0 0 The stand of Umed Singhowner ofjeepNoHR239609 was I C9 thatthe accident took placedue to rashand drivingofthe busand I not on account of rashand drivingof thejeepdriver andtheFIR Z hasbeengot correctly 1 1 0 The National InsuranceCompanywith which the bus stood I insured pleadedthat the accident took placedue to rash and 1 drivingof the jeep So the National InsuranceCompanybeinginsurerof 1 1 thebus was not liable to pay any Moreover theclaimants 1 0 were not legalheirs or uponthedeceasedand theyhad onlyOled 0 the petitions in connlvance with other onlyto extract the 0m 1 moneyEven if it was presumed that accident took placedue to rashand drivingof the bus driver even then was not liable to pay any as had not been informedwell in time regarding theaccidentand driver ofthe bus was also not holdingvalid drivinglicenceand he wasnot drivingthe bus under the termsand conditionsofthe insurancepolicy The Oriental InsuranceCompanyinsurer of jeepNoHR23 . Anita 2012.09.10 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:55 I attest to the accuracy and integrity of this document 0 No 1984of1999 5 4 9609averredthattheaccidenttookplacedueto rash and driving of the bus driver So cannot be fastenedwith liabilityof payingany Apartfrom this No3 owner of thejeephad violatedthe termsandconditionsof the insurance policyas he had not informedthe companyabouttheaccident in time TheTribunalhad 8amedthefollowing issues 1 Whetherthe accident in questionhad taken placeon account of rashand drivingof bus NoHR46 m 1813byits driver2OPP 2 Whether the accidentin questionhad taken placeon 0 account of rash and drivingof jeepNo 0 9609byits driver9OPP 0 2 To what amount of if any the I areentitledto and ifso from whom2 OPP Z 4 Whether the are not liable to pay any ln view of the various raised by them 111 their respective written statements2OPR i I 5e Relief 1 Z 1 Afler hearing leamedcounselfor theparties andgoingthrough m theentirerecord the Tribunalheld that the accidenttookplacedue to rash 7 Z and negligentdrivingof the driversofthejeepand the bus Theycould not control their respective vehicles with the result there was headeon collision in which driver of the bus driverof thejeepand otherpersons travelling in thejeepreceivedserious and fatalinjuries and died Thus it was a case negligence ofthe driversofthejeepand the bus as a result of which all thedeceaseddied due to senous and fatalinjuries Smt Om Bai and otherswere awardedan amount of Rsl600001 as v v whereasSmt DharmaDevi was granted Rs1000001 while . Anita 2012.09.10 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:55 I attest to the accuracy and integrity of this document 89 FAO No19840f1999 e Bhim Singhandotherswere awardedRs500001m SimilarlySmtPhula l Devi and otherswere awarded an amount ofRsl000001 while Smt Annu 1 and otherswere grantedRs620001 The BaporaTrishul TransportSocietyowner of the bus and its insurer National Insurance were madejointlyand liableto pay half of the assessed amount of in the claim petitions of Smt DhannaDevi Bhim Singhand Smt Phula Devi etc whereasthe halfto be paidby 1 theowner and insurerofthe jeepjointlyand In the claim petition ofSmt Om Bai etc halfofthe assessedamount was required to bepaidby 0 0 the BaporaTrishul TransportSocietyand its insurer jointly I C49 and and theremaining half by owner of thejeep The insurerof thejeepwas granted exemption fromliabilityIn the claim petitionof Smt Z Annu etc half of theassessedamount of wasto be paidby the owner of the jeepand its insurer jointlyand whereas I remaining half shareto bepaidbythe owner of the busalone The insurer Z of the buswas from paymentof The claimantsln all theclaim petitions were also heldentitledto interestC 12Io per annum rn Oll theamounts awardedto themfrom the dateoffilingoftheetitions till 7 Z the realizationof the amount from the to their respective liabilities Aggrieved of the award the BaporaTrishul Coa operative TransportSocietyLimiteds owner of bus No HRm461813 filed FAO Nol984 of 1999on theground that it was not for paying half of the amount of to claimantsSmt Annu and others SimilarlyNational InsuranceCompanythe insurerof the aforementioned bus filed FAO Nos 2387 2388 2389 and 2390 of 1999 claimingtherein . Anita 2012.09.10 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:55 I attest to the accuracy and integrity of this document 90 pAON0 19840f1999 7 thatit was not for paying to Bhim Singhetc Bai etc DharmaDevi and Smt Phulaetc At the same time Bhim Singhandanother Om Bai etc DhannaDevi and Phula Devi etc filed cross NolleCII 13mCII12mCII and 10CII of 2000 with a prayer for enhancementofthe amount I had heardleamedcounsel for the partiesand perused the evidencewith their ableassistance From the side of the claimants PW6 Sat Narain and PH Bhim Singhhad deposed that theaccidenthad takenplaceon account of 0 0 rash and drivingof bus NoR461813 by Karambirlce I C5 deceased On the otherhand the in vanous claim petitions I had examined RW1 Sunder Lal who had stated that two jeepsbearing Z NosliR168853 andHR239609 had come at a highspeedfrom Tosham sideand were to overtakeeach other On seeingthem the driver I of thebusstopped his vehicle on kz portionof the road aer one Jeep C0 Z crossedthe busand whenthe second one was tryingto overtake it struck in frontofthe bus As a result thebusturnedturtle Its driver Karambir on m theone handand the driverofjeepNoHR238609 and threeotherson the ms Z other also receivedinjuriesand died at the spot However from the testimony of PWe6 Sat Narain it is clear that theaccidenttook placein the middleof the road and afler the accidentthe bushad turnedtunle towards thejeepwhichjeephadhit in frontof thebusand in themiddleof theroad From the aforementionedevidence it standsestablishedthat the accident had takenplacedue to rash andnegligentdrivingof thebusand one of the jeepsie No HR238609 bytheir respective drivers Their negligence was to such an extent that theycouId not control their respective vehicles . Anita 2012.09.10 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:55 I attest to the accuracy and integrity of this document 91 1 FAO NOe19840f1999 8 V Thereforeit was a case of andthejeepUnder these circumstancesneitherthe owner of thebusnor it insurer ie National Insurance could avoid liabilityfor the claimantsmoreso when theirjointand severalliability hadbeenconfinedto onlyhalfofthe amount TheTribunalhad awardeda totalamount of Rs2000001eto claimantsPhula Devi etc in theirclaim petitionfor thedeathofJai Parkash m Theincome of deceasetWaiParkashwas assessedat Rs 20001eper month The was however calculatedat Rsl0001e per month He leR 0 0 behindhis motherSmt Phula Devi widow Sarojand threeminor children I C5 Underthesecircumstancesthe had to be calculatedas 314 and I not half Applyingthe multiplier of 15 as earlierappliedbythe Iearned Z Tribunal the total Ioss suffered by the claimants 1S calculated as Rs700001m LearnedTribunalhad also awarded Rs0001 as funeral I and anotheramount of Rs50001e on account of mentalagony sufferedbythe claimantsThe aforementioned amounts are alsopayable to Z theclaimantsin addition to the amount as assessedabove CO In all Smt Phula Devi etc would be entitledto receive an amount of e Z Rs2900001 As regards the other threedeceasedpersonsnamelySuresh Satbirand Ramesh Kumar the Tribunal had awardedadequate amountof to their respective legalheirs Even the multiplier applied was justifiedNo case is made out for enhancementof the amount of L of threesets of crossjectors namelyBhim Singhand anotherOm Bai etc and Dhanna Devi FAO Nos 1984 2387 2388 2389 and 2390 of . Anita 2012.09.10 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:55 I attest to the accuracy and integrity of this document 92 4k FAO No 1984 0f1999 8 1999 and cross N011mCII 12CII and 13CII of 2000 dismissedHowever COSS NolOeCII is allowedto theextentof enhancement of the amount of from Rs2000001 to L J Rs2900001 Regarding the enhancedamount the owner and insurer of bus NoliR461813 shall bejointlyand liable to payhalfofthe same whiletheremaining halfshallbepaidbythe owner and insurer ofjeepNoHR239609 This set of claimantsshall alsobeentitled j to interest at the rate of 9Oloper annum on the enhanced amount of from the dateof filingof the claim petitiontill its realization 0 C0 from the owner and insurer of bus HR461813 as well as the owner and I Ca9 insurerofjeepNoliR23m9609 according to their liabilities I Z 2 Q TePeSeMAN August25 2009 JUDGE I Pds L2 a Z QO SS7 Z lI C4 Cf 1 1 J . Anita 2012.09.10 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:55 I attest to the accuracy and integrity of this document