Manak Mohta, J. - (1.) THE present appeal has been filed by the father -the natural guardian of minor injured -claimant Kum. Priyanka Sharma @ Ranu against the judgment and Award dt. 20.12.1996 passed by learned Judge, Motor Accident Claims Tribunal, Bali (in short 'the Tribunal ') in Claim Case No. 61/92 whereby the learned Tribunal has awarded a total compensation of Rs. 10,000/ - only in favour of the claimant plus interest @ 12% from the date of filing of claim petition.
(2.) THE brief facts necessary for the disposal of this appeal are that on 13.10.1991 at about 6 'O clock in the morning while the claimant 's father alongwith his family members including the claimant -Priyanka aged 8 years were going from Jaipur to Ambaji for 'darshan ' in a mini bus No. RJ -14P - 1129 on the way due to rash and negligent driving of the bus by its driver Rajendra @ Bablu (respondent No. 1), the bus got turtled whilst taking turn in between Sanderao and Sumerpur, as a result of which all the passengers sitting inside the bus including the present claimant -Kum. Priyanka sustained injuries. A report of the said accident was lodged at P.S. Sumerpur and the police after investigation filed challan against the bus driver -Rajendra @ Bablu for the offence under Sections 279 and 337 I.P.C. The bus was stated to be insured with National Insurance Co. (respondent No. 2). A total sum of Rs. 3,25,000/ - was claimed as compensation under various heads. As many as 13 claim petitions (including the present one) were filed before the learned Tribunal, which all were decided vide common judgment and award dt. 20.12.1996. After issuance of notice, the respondents contested the claim petition and filed their replies.
(3.) THE non -claimants driver and owners of the minibus denied the averments made in the claim petition for want of knowledge. It was stated in the reply that there was no negligence or carelessness on the part of the bus driver. The accident took place by chance and for that the driver cannot be held liable. As a matter of fact, the bus driver in order to avoid accident from a vehicle coming from opposite direction at a high speed, turned the bus towards the extreme 'kachha' side of the road but because of uneven earth surface, the driver lost control over his bus and turtled and the accident happened. Further the amounts claimed as compensation were stated to be entirely baseless and if any responsibility arises for payment of compensation, then it was for the Insurance Company to indemnify the claim as the bus at the relevant time was insured with respondent No. 2.;