GOA CHITRAPUR BUS SERVICE Vs. JAYANT GAJANAN NAIK

JUDGEMENT

(1.) This appeal by the owners of a vehicle is directed against the award dated June 24,1985, passed by the Motor Accident Claims Tribunal,South Goa.

(2.) On january 6, 1981, an accident took place involving bus No. GDT 2433. Respondent No. 1 herein who was travelling in that bus got injured in the said accident and, therefore, he filed an applications for compensation under section 110A of the Motor Vehicles Act, 1939. He claimed a compensation of Rs. 55,000. His case was that the said bus was proceeding form panjim to Margo and when it reached Farmaguidi near a turn of the road at about 8.15 p.m., respondent No. 3, who was driving the said vehicle in a rash and negligence manner, tried to overtake another bus which was ahead and in the process dashed against a minibus which was coming from the opposite direction. As a result of the impact the bus GDT 2433 went off the road and fell in a valley, causing injuries not only to respondent No. 1 but also to other passenger in the same bus. The learned presiding officer of the Tribunal held that, in fact, the accident had occurred due to the rash and negligent driving of the bus by respondent No.3 and considering the special and general damages, awarded compensation of Rs. 38,000 to respondent No.1 and directed that this compensation that this compensation be paid jointly and severally up to Rs. 5,000 by the appellant and respondents Nos. 2 and 3 . He further directed that the balance amount was to be paid by the appellant and respondent No.3 with interest at the rate of 6 per cent. per annum form the date of the claim till its complete satisfaction. In addition, he also awarded costs of Rs. 500 in favour of respondent No.1.

(3.) Though duly served, none of the respondents put in appearance at the hearing of this appeal nor had they been represented. Hence, the appeal was heard on merits.