- (1.) ON 14.8.1992, there was a head -on -collision between a School Bus (BRV 541) and a Scooter (BR -19(B) 1911) at Ranchi -Patratu Road near Haji Chowk within Kanke Police Station of Ranchi district, wherein Brij Bihari Yadav, who was driving the Scooter got serious injuries and died.
(2.) IT was established in Compensation Case No. 14 of 1993 filed by the parents of deceased, under Sec. 166 of the Motor Vehicles Act, 1988 (hereinafter to be referred to as 'the Act' for short) that the accident took place solely on account of rash and negligent driving of the school bus and driver of the said bus was responsible therefor. It was also observed that there was no evidence that deceased was driving the scooter in rash and negligent manner.
(3.) THE school bus was not insured at the relevant time and as such, in our opinion, the entire amount of compensation which was calculated at Rs. 1,00,000/ - to be paid to the claimants, ought to have been directed to be paid by the owner of the school bus i.e. respondent No. 3 herein, but the Tribunal in the impugned judgment and award directed the owner of the school bus to pay Rs. 75,000/ - and the balance amount of Rs. 25,000/ - was directed to be paid by the insurer of the scooter. We find that the claimants had not demanded any compensation from insurer of the scooter and it was also found that deceased while driving the scooter has not committed any fault.;