FAO No. 874 of 1988 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 874 of 1988 Decided on :04-12-2008 Smt. Krishna Kumari and others ....Appellants VERSUS Punjab State and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- None for the appellants. Mr.N.S.Virk, Addl. Advocate General, Punjab. MAHESH GROVER, J This appeal is directed against the award of the Motor Accident Claims Tribunal dated 10.5.1988. The accident which took place on 25.5.85, one Ram Paul lost his life. The claim petition was preferred by his widow and four minor children. The accident was not disputed by the respondents. However, it was stated that the bus was entering the bus stand and it was in the process of being parked when the deceased alightened from the other bus and the bus being driven by respondent no. 3 struck against the deceased injuring him in the process. He died after three days of the in the hospital. Learned counsel for the respondent contended that there was no negligence on the part of respondent no.3. Further contends that deceased himself was negligent as the bus was being parked and was at a slow speed. The deceased who alightened from a bus could not control his movements and came in front of the offending bus and it resulted in the accident and therefore, there is no infirmity in the findings recorded by the Tribunal. FAO No. 874 of 1988 2 No one appears for the appellants despite the fact that the case has been shown in the regular list. There is evidence in the shape of DDR recorded at the behest of the deceased himself wherein he had stated that he was drunk at the time of accident as he was returning from marriage ceremony and in this view of the matter, it is extremely difficult to hold that respondent no.3 who was driving the vehicle was negligent especially when the bus was within the bus terminus and was in the process of being parked. Accordingly, the findings recorded by the Tribunal do not warrant any interference. However, the Tribunal has not granted any compensation on account of no fault liability claim under the provisions of Section 92-A. Therefore, it is held that the appellant shall be entitled to an amount of Rs. 15,000/- which was permissible at the time when the accident took place and the said amount shall be awarded to the appellants alongwith interest at the rate of 9 % per annum from the date of filing of petition till the date of its realisation. The liability to pay the amount shall be joint and several of the respondents. Disposed of. December 4 , 2008 (Mahesh Grover) rekha Judge