C.A.Rahim, J. - (1.) This is an appeal under Section 173 of Motor Vehicles Act, 1988, preferred by U.P. State Road Trans. Corpn. and one Satpal, driver of bus No. UME 9738.
(2.) There was an accident on 18.8.1992 at Dehradun-Delhi Road near Subhash Nagar tiraha leading to the death of Subhash Mathur, who was on the roadside after getting down from a taxi. The allegation is that the bus of U.P. State Road Trans. Corpn. was running at a high speed, dashed the deceased and fled away. The driver was apprehended at the check-post at a distance of 3 km. from the place of the accident being chased by the driver of the taxi No. UMT 8052. The contention of the opposite parties was that the accident was caused as the deceased was crossing the road in front of running bus and in spite of the application of emergency brake the driver could not stop the bus. The plea of contributory negligence was not advanced at the initial stage but was adopted later on. The learned Tribunal disbelieved the story of contributory negligence and held that the accident was caused due to rash and negligent driving by the driver of the bus No. UME 9738 and awarded Rs. 11,20,520/- to the claimants and that is the grievance of the appellants.
(3.) It has been argued on behalf of the U.P. State Road Transport Corporation that there was no negligence on the part of the driver of the bus. The accident was caused due to the act of negligence committed by the deceased and that the amount of compensation is excessive going through the judgment in this respect we find that the learned Tribunal has rightly disbelieved the version of the U.P. State Road Trans. Corpn. He has analysed the evidence of PW 1, Dr. A.K. Saxena, a co-traveller and PW 2, driver of the taxi No. UMT 8052. It appears that both witnesses were independent and not associated with the deceased or his family. From their evidence it appears that the bus did not blow any horn while crossing the tiraha at a high speed while knocking down the deceased, who after crossing the road was standing on the roadside. The driver of the bus has been examined as DW 1. His contention was that the bus was running at a slow speed at that time due to inclement weather and that he applied the emergency brake for which the bus was stopped within 1-2 feet. But in spite of that the accident occurred due to the negligence of the deceased. It is also in evidence that both the headlights were burning at that time. The statement of the driver with regard to the speed of the vehicle cannot be accepted from the fact that if the emergency brake was applied and if the bus was stopped within 1-2 feet the accident could not have occurred. There is no allegation that he was crossing the street, as they say, within 1-2 feet. Since the headlights of the bus were burning it is quite possible and probable that the deceased crossed the road keeping some distance. On the other hand, from the evidence of PW 1 and PW 2 it appears that the said bus was running at a high speed, it crossed the tiraha without blowing any horn and dashed the deceased, who was standing at the edge of the road after crossing the same.;