- (1.) THIS judgment will dispose of F. A. O. Nos, 89, 90, C. Rs. Nos. 403, 409, 410 and 411 of 1972, as they arise out of the same judgment of the Motor Accidents Claims Tribunal, Rohtak (hereinafter called the Tribunal), dated December 30, 1971.
(2.) BRIEFLY the facts are that on January 25, 1967, at about 9. 00 a. m. a collision took place between bus No. DLP 3053 (hereinafter to be called the bus in question) and a truck No. PNR 3958 (hereinafter to be called the truck) on the highway between Rohtak and Bahadurgarh near village Jakhota. Bhan Singh (now deceased), Ram Niwas Surekha, Smt. Devki Bai, Smt. Gita Devi, Pawan Kumar and Surinder Kumar were travelling in the said bus. Bhan Singh died instantaneously as a result of the injuries sustained at the time of the accident and the remaining others sustained some minor injuries. The bus belonged to M/s. Delhi Bhiwani Transport Company on whose behalf the appeals and revisions have been filed. Sarup Singh was driving this vehicle. The truck was owned by Ram Nath and driven by Randhir Singh. Both the bus and the truck were duly insured for third party risk. According to the version put forth by the claimants in their claim petitions as well as in the evidence, the driver of the bus was driving at a very high speed and in a wreckless manner. Another vehicle (also a bus) was also going ahead at a fast speed. Sarup Singh, driver of the bus in question, in his anxiety to overtake the vehicle in front was driving at a very fast speed. The truck was coming from the opposite direction. In the process of overtaking, the driver of the bus swerved the bus towards the right and as a result collided against the truck. Sarup Singh, the driver, did not put in appearance in spite of service and was thus proceeded against ex parte. The claim petition was contested by the owner of the bus and its insurer. According to their written statement Sarup Singh, driver, was not guilty of any negligence or rash driving, rather he was driving the vehicle at a moderate speed and was on the proper side of the road at the time of the accident. On the other hand it was the truck which was being driven in a negligent and rash manner. Suddenly the truck swerved to its right side and resulted in the collision. In spite of the attempt of the driver of the bus, the accident could not be averted.
(3.) THE legal representatives of Bhan Singh, deceased, claimed Rs. 50,000 as compensation. Ram Niwas Surekha and Devki Bai claimed Rs. 20,000 and Rs. 15,000 as compensation respectively. The remaining three injured claimed Rs. 5,000 each as compensation.;