V.D.MISRA,C.J. - (1.)This is a case where Himachal Road Transport Corporation (H. R. T. C), th3 appellant, finds that the lives of hum an beings are cheaper than the buses they run. Otherwise, as we will presently discuss, we cannot understand why a dilapidated condemned bus was still on the road.
(2.)This appeal is directed against the judgment of Mr. Roop Singh Thakur, Motor Accident Claims Tribunal at Mandi. The ill -fated bus was No. 1569. Admittedly, before it was converted into a bus, it was run as a truck. According to the case of the appellant himself the maximum mileage which is allowed for a bus is 1,50,000 miles. Thereafter, the bus is to be condemned. In the instant case, the bus had already done 2,41,072 kilometers. There is a dispute whether it comes to more or less than 1,50,000 miles. Calculations show that it comes at least to very near the maximum mileage if not more. But, admittedly, the maximum mileage for a truck before it is to be condemned was much less. Keeping these in view it is but apparent that the bus in question was a dilapidated condemned bus which the appellant had decided not to take off the road. We are not hare concerned with the problems of the Transport Corporation. We are more concerned with the human lives and the safety of the citizens who pay for the ride. They do not pay to be killed.
(3.)Before we come to the grounds which have been urged before us by the learned counsel for the appellant, we may record that the corporation, as the record shows, has behaved worse than a cantankerous litigant. When the respondents asked for compensation, the present appellant took all conceivable frivolous pleas in defence. These were : petition is time barred ; petitioners have no cause of action ; petition his not been brought on the prescribed form ; petition is not properly verified ; as well as that the petitioners are not the legal representatives of the deceased. The record shows that the appellant led no evidence or urged anything in respect of these issues onus of which was on the appellant. This clearly demonstrates how the appellant -corporation is out to defeat the claims of the unfortunate persons who are to bear the loss of their near and dear ones.
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