- (1.) This appeal has been filed by the United India Insurance Company Limited Behror Branch against the judgment and award dated 13.5.1991 passed by the learned Motor Accidents Claim Tribunal, Rewari ('Tribunal' for short) whereby the claimants/ respondents No.1 to 6 who are the legal representatives being the mother, widow and minor children of deceased Satpal have been awarded compensation on account of the demise of Satpal in a petition under Section 166 of the Motor Vehicles Act, 1988 ("Act" for short).
(2.) Satpal (deceased) was member of a marriage party which started from village Kasan, District Gurgaon in a bus with registration No.RRA 7815. The marriage party was to go to village Rokiawas, District Rewari. It is alleged that the said offending bus was being driven by Surjit Singh (respondent No.7) at a great speed and without observing traffic rules. The bus reached near the Housing Board Colony, Dharuhera and the driver namely Surjit Singh (respondent No.7) could not control the bus and it overturned; as a result of which, Satpal received injuries and died. The other members of the marriage party also received injuries. The accident occurred due to rash and negligent driving of Surjit Singh, driver (respondent No.7). Satpal (deceased) was a young man of 30 years. He was working as an operator in Hero Honda Motors Limited, Dharuhera and his total monthly emoluments were Rs. 2700/. He was sole bread earner of the claimants/respondents No.1 to 6. They were economically ruined. Therefore, they claimed compensation of Rs. 12 lacs.
(3.) Written statement was filed by the driver and owner of the bus (respondents No.7 and 8). Besides, a separate written statement was filed by the United India Insurance Company Ltd. (appellant). The driver and owner (respondents No.7 and 8) in their written statement submitted that the accident did not take place because of rash and negligent driving by the driver (respondent No.7); in fact he was driving the bus in a careful manner, when a TATA four-wheeler with registration No.BHL 6952 came while it was being driven in a rash and negligent manner. The front tyre of the said four-wheeler got disengaged and got entangled in the tie rod of the bus, as a result of which the bus got imbalanced. Satpal (deceased) who was sitting at the window seat of the bus tried to rescue himself by jumping from the bus, as a result of which he got entangled and suffered injuries. Amit Khanchi He expired there and then. The defence of respondents No.6 and 7 was that there was no fault of the bus driver (respondent No.7) in the accident.;