SATYAWAN Vs. MAHINDER SINGH

JUDGEMENT

(1.) Satyawan is appellant before this court. He is an injured person in an accident which had taken place on 25.9.1996 and has claimed enhancement of compensation before this court.

(2.) On 25.9.1996 Satyawan boarded a bus bearing registration No. HR 46-2442. Since the bus was overloaded with passengers, therefore, Satyawan chose to stand on the rear stairs outside the bus. When the bus in question was trying to overtake a truck, then Satyawan fell down from the staircase and sustained injuries. It was claimed by him that the bus was being driven rashly and negligently by the driver Mahinder Singh and, therefore, he filed a claim petition.

(3.) The learned Motor Accidents Claims Tribunal, on the basis of appreciation of evidence brought on record by the parties, held that Mahinder Singh, driver of the bus was driving the bus rashly and negligently. However, it was also found that Satyawan was standing on the rear staircase of the bus and, therefore, was guilty of contributory negligence. Contributory negligence of Satyawan was assessed to the extent of 70 per cent. An amount of Rs. 50,000 was assessed as total compensation payable to Satyawan but on account of 70 per cent contributory negligence of the injured himself, the net amount payable to the claimant came to Rs. 15,000. However, the Claims Tribunal noticed the fact that the injured could not be allowed less compensation than the one given in the statute under 'no fault liability' and because of the fact that Satyawan had suffered permanent disability to the extent of 10 per cent, therefore, a minimum compensation of Rs. 25,000 was held payable to him. The aforesaid amount of compensation was held payable along with interest at the rate of 12 per cent per annum. The driver and the owner of the vehicle were held jointly and severally responsible to pay the compensation. The claim qua the insurance company was dismissed.