HARYANA STATE Vs. KRISHAN KUMAR

JUDGEMENT

(1.) This appeal is directed against the order dated 15.5.1985 of the Motor Accidents Claims Tribunal, Hissar, whereby the claim of Krishan Kumar, respondent No. 1, was accepted and he was awarded compensation amounting to Rs. 14,745. The essential facts to focus the controversy involved in this appeal have to be noticed in nutshell.

(2.) On 11.2.1984, the truck bearing No. HRF 7098 driven by Des Raj in company of conductor Satbir Singh, started from Rawalwas Oil Mills at about 8 p.m. after loading 'khal' for Delhi. It was being driven at the normal speed and on left side of the road. When the said truck reached near the sand-dunes of village Mayyer, the driver noticed a truck bearing No. HRB 3245, being driven by Sujjan Singh in a rash and negligent manner, coming on the wrong side of the road. The driver of truck No. HRF 7098 slowed it down by applying the brakes. In the meanwhile, the driver of truck No. HRB 3245, by bringing it on the wrong side of the road, struck against truck No. HRF 7098, thereby causing extensive damage to truck No. HRF 7098. Report of the accident was lodged with the Police Station, Hissar, on 12.2.1984 at 00.40 a.m. by Des Raj, driver of truck No. HRF 7098. Truck No. HRB 3245 belonged to Haryana Roadways, Hissar.

(3.) In the claim petition filed before the Motor Accidents Claims Tribunal (hereinafter referred to as 'the Tribunal'), a compensation of Rs. 40,000 was claimed. The claim petition was contested by the State of Haryana and Haryana Roadways, Hissar through its General Manager, respondent Nos. 1 and 2 respectively in the claim petition (herein appellant Nos. 1 and 2 respectively). In the joint written statement filed by the respondents, the factum of accident was admitted, but it was disputed that the accident had occurred on account of negligent driving by Sujjan Singh, the driver of truck No. HRB 3245. Sujjan Singh, the respondent No. 3, also denied the version given by the claimant. It was pleaded by him that on 11.2.1984, he was driving the truck HRB 3245 from Hansi, Hissar and at about 7 a.m., when he reached village Mayyer, he noticed that a private truck was coming from the opposite direction at a very high speed. But suddenly the main leaf of the front right side of the 'kamani' of the truck No. HRB 3245 was broken and the truck swerved to the right side with a jerk. In the meantime, the truck No. HRF 7098 coming from the opposite direction at a very high speed, dashed against the right side of truck No. HRB 3245 resulting into damage to the truck and injuries to him. Thus, he maintained that it was an inevitable accident and could not have been avoided even after exercising due care and caution. He, therefore, pleaded that the cause of accident and the damage to the truck could not be attributed to him.