N.N.Mithal, J. - (1.) These two appeals are directed against the award of the Motor Accidents Claims Tribunal, Mathura, dated 4th February, 1980 by which he has disposed two Claim Petition Nos. 64 and 65 of 1978. Both the claim cases arise out of the same accident.
(2.) The relevant facts are that on 15th February, 1978, jeep No. UTR 7073 belonging to Vrajlal Manilal & Co. of Agra and driven by Sripal was proceeding from Agra to Mathura, bus No. UTH 4366 belonging to the appellant Corporation was coming from Delhi and was proceeding towards Agra on the main G.T. Road, at a place known as Kurkunde-ki-Pyao between Mathura and Agra about 20 km. off Mathura, the said jeep and the bus collided in which the driver of the jeep Sripal and one of the passengers Amarnath lost their lives. Amarnath was thrown out of the jeep due to the impact and due to severe head injuries and fracture of the ribs he died on the spot. The driver of the jeep, however, was seriously injured and died on way to the hospital.
(3.) The admitted facts are that the road width of the place where the collision took place is about 30 feet. It is also admitted that at the time of the collision, no vehicle was going in front of the jeep. The jeep was hit in the right middle section near the driver's seat. The damage to the bus was caused near the right front bumper, right headlight and near the driver's window. Admittedly the bus stopped after travelling 70 paces while the jeep stopped about 10 paces from the place of collision. It is also admitted that the jeep driver had seen the on-rushing bus from a distance of about 50 yards. Similarly, the driver of the bus admits having seen the jeep when it was at a distance of about 50 yards. Apart from these admitted facts, the version of the two sides varies. According to the surviving passengers in the jeep, the accident occurred on account of rash and negligent driving, high speed and the attempt of the bus driver to overtake a vehicle in front of it without caring about the traffic coming from the opposite direction. On the contrary, the version of the driver of the bus is that the jeep was being driven at a very high speed and when it was first seen, it was on the same side as the bus, i.e., it was coming on the wrong half side of the road. The bus driver blew the horn, gave indication by dipping the lights and also slowed down the bus. However, despite all these attempts, the jeep neither slowed down nor tried to avoid hitting the bus. The bus driver steered the vehicle to the left side and brought the left wheels of the vehicle on the kacha portion of the road patri while only two right side wheels remained on the pucca portion of the road. According to the appellant, this was the position when the jeep collided with the bus. In this manner, both sides blame the driver of the other vehicle as being guilty of negligence.;