PAWAN KUMAR Vs. SAT PAL SINGH

JUDGEMENT

(1.) On account of suffering injuries in a motor vehicular accident, which took place on 19/3/2006 at about 5:15 p.m. in the area of village Gangheri statedly on account of rash and negligent driving of Haryana Roadways, Kurukshetra Depot bus bearing registration No.HR65/0295 (hereinafter referred to as the offending bus) by Sat Pal Singh and respondent No.1, petitioner/claimant Pawan Kumar son of Sh.Prem Parkash Kalra, aged about 22 years, resident of village Begpur, Tehsil and District Kaithal had brought a claim petition under Sec. 166 of the Motor Vehicles Act against respondents i.e. Sat Pal Singh and driver, Haryana Roadways (Sub-Depot, Pehowa), Kurukshetra Depot and owner and ICICI Lombard General, Insurance Company and insurer of that bus, claiming compensation to the tune of Rs.5.00 lacs.

(2.) On notice, all the three respondent had appeared and contested the claim petition. Issues on merits were framed. Parties were afforded adequate opportunities to lead evidence.

(3.) After contest, the Tribunal while allowing the petition partly vide award dtd. 24/5/2007, awarded compensation of Rs.1,19,850.00 along with interest @ 7.5% per annum from the date of filing of the petition payable by respondents No.1 to 3 jointly and severally, finding it to be a case of contributory negligence. Negligence of Sat Pal Singh and driver of the offending bus being to the extent of 80% and as the claimant/injured was travelling in Maruti car bearing registration No.HR41-B/1799 at that time, Gurprit Singh, who was driving the car was also held to be negligent to the extent of 20% for the reason that it was a case of head on collision between the ill-fated Maruti car and the offending bus.