- (1.) These five appeals arise out of the Award of the learned Motor Accident Claims Tribunal, Ambala, dated 02.06.1997, from three claim petitions filed before it. By the said Award, the two appellants in FAO No.1790 of 1997 were awarded a sum of Rs.9,60,000/- as compensation on the death of Dr.Rakesh Mohan, in a motor vehicles accident, on 20.08.1996. The four appellants in FAO No.1791 of 1997 were awarded a sum of Rs.4,80,000/- as compensation on the death of Hukam Chand, in the same accident. The accident took place between a Fiat Car driven by the late Dr. Rakesh Mohan (in which the late Hukam Chand was his co-passenger), and a Punjab Roadways Bus No.PB-12/A-8212, driven by respondent no.3. By the said award, a sum of Rs.50,000/- was also awarded, for damage to the car, to Dr. Surinder Mohan (not an appellant before this court but a claim petitioner in a 3rd claim petition filed before the learned MACT), who was the owner of the said Fiat Car bearing registration No.HRA-15, which was being driven by his son, the said Dr.Rakesh Mohan (deceased). Consequently, FAO Nos.1790 and 1791 of 1997 have been filed by the claimants before the Tribunal, seeking enhancement of compensation and the other three appeals, i.e. FAO Nos.2511, 2512 and 2513 of 1997, have been filed by the State of Punjab and Punjab Roadways, seeking that the Award of the Tribunal, in all its aspects, be set aside and the compensation awarded to all the claimants be reversed. It is also appropriate to notice here that in the appeals filed by the State, which were accompanied by applications seeking stay of payment of the compensation awarded by the Tribunal, an order was passed by a co-ordinate Bench on 30.03.1998, after all the five appeals had been admitted to regular hearing, staying payment of compensation beyond Rs.2 lacs (with proportionate interest) to the appellants of FAO No.1791 of 1997 and also staying payment of compensation beyond Rs.4,80,000/- (with proportionate interest) to the appellants of FAO No.1790 of 1997. The stay application in the 3rd appeal of the State, i.e. FAO No.2513 of 1997 was dismissed. This appeal is directed against the compensation of Rs.50,000/- awarded to Dr. Surinder Mohan for the damage caused to his car.
(2.) The State of Punjab has, first, challenged the finding on the issue of negligence, by which respondent no.3 in FAO Nos.1790 and 1791 of 1997 (who has been arrayed as a proforma respondent in the State appeals), was found to have been guilty of negligent driving resulting in the accident between bus being driven by him, and the Fiat car.
(3.) As per the claim set up in the claim petitions, Dr. Rakesh Mohan was driving the said car No.HRA-15 on the left side of the road, while travelling from the side of Bhawanigarh towards Sangrur. At about 9:30 AM, when the car reached near village Faggu Warekachian, about 200 feet from the turning, the bus driven by respondent no.3 came from the opposite side on to the wrong side of the road and hit the car and dragged it for about 100 feet from the place of accident. Though not so recorded in the Award of the Tribunal, a perusal of the claim petitions shows that the occupants of the car became unconscious but both died on the way to Civil Hospital, Sangrur, where they were being taken by the police. Upon evidence being led, the case of the appellants-claim petitioners was supported by one Atul Ahuja, who appeared as PW1 and stated that he was travelling in the bus when the accident took place, having boarded it from from Patiala to go to Sunam. He further stated that when the bus reached near Bhawanigarh at about 9:30 AM, a Fiat Car came from the opposite direction and because the bus was being driven at a very high speed, in a reckless manner, it hit the on coming car and dragged it for 60- 70 yards towards Sunam. As opposed to the above version, respondent no.3, Gajjan Singh, who was driving the bus, stated that he was proceeding from Chandigarh to Sirsa on 20.08.1996 and when he reached near Bhawanigarh, on the Patiala-Sunam road, then on the road from Bhawanigarh to Sunam, the car in question came from the Sangrur side at a high speed but could not take the turn and hit on the left side of his bus. He thus deposed before the Tribunal, that the accident took place due to the fact that the car driver was at a high speed.;