MAHARASHTRA STATE ROAD TRANSPORT CORPORATION Vs. RAMCHANDRA GANPATRAO CHINCHOLKAR

JUDGEMENT

(1.) THE petitioner, Ramchandra Chincholkar, an Industrial Supervisor, Grade I, in the office of the District Deputy Registrar, Co -operative Societies, Akola, was travelling in the S.T. bus No. MTR 1903 on 1st June, 1979. He was on his way to Nagpur from Akola. He sat near the right hand side window on the second bench from the rear. The bus started from Akola bus -stand at 4.15 p.m. and had cleared 36 km. by about 4.45 p.m. when a truck came in high speed from the opposite direction. The two vehicles running on tar road crossed, the truck brushed and dashed against the right side of the bus. By that impact, the horizontal bars of the windows of the bus were uprooted and the right hand of the petitioner was completely severed from the shoulder joint and fell on the road, The elbow joint of another passenger by name Rajkumar was also seriously injured, The truck driver did not stop and went ahead with the same speed while the bus stopped at a distance of about 25 to 30 feet from the place of the accident. After giving first aid to the injured at Murtizapur, the petitioner was sent for treatment to District Hospital, Akola, where he was operated upon and the right upper arm, just below the shoulder joint of the petitioner, was amputated resulting in 80 per cent permanent disability. The truck bearing registration No. MHF 6972 belonged to Himmatsing Dole, original respondent No. 1 and driven in the regular course of his employment by driver Balbir -singh, original respondent No. 2. The truck was insured with the New India Assurance Co. Ltd., original respondent No. 3. Driver Balbirsingh was prosecuted under Sections 279 and 338 of the Indian Penal Code and was convicted on admission of his guilt by the Judicial Magistrate, First Class, Murtizapur, on 28th June, 1979 and sentenced to pay a fine of Rs. 300/ - each on both counts.

(2.) THE above is the basic case of the petitioner before the Motor Accidents Claims Tribunal, Akola, wherein he lodged a claim for Rs. 2,03,500/ - by way of compensation, interest etc. against the above respondent Nos. 1 to 3, the Maharashtra State Road Transport Corporation, its Divisional Controller and the driver of the bus (the present appellants and the original respondent Nos. 4 to 6). The owner and driver of the truck took the defence that their truck was not involved in the accident at all. The driver was stopped near the Police Station Borgaon Manju, was falsely involved in the accident and was prosecuted on presumption. The driver preferred to plead guilty only to avoid harassment of the trial. The defence of the M.S.R.T.C, the Divisional Controller and the driver of the bus was that he was driving carefully and diligently when the truck came from the opposite direction in full speed. The bus swerved to the left side, its speed was lessened, the truck passed very closely from the side of the bus, the petitioner was negligent and careless on his part and must have kept his arm protruding out of the bus window. The truck, which had passed too closely by the side of the bus, resulted in the accident and injury to the petitioner.

(3.) AWARD against the original respondent Nos. 1 to 3 has no doubt become final, but it is necessary to take short resume of how accident took place, since liability is held to be joint and several with the liability of the driver of the bus and his employer. Panchnama of the truck, Exh. 67, prepared on that very day states: The signal light towards the driver's side is broken. The rubber below the cabin glass was found brushed. There was red colour on the angle towards the driver's side and there is bent to it. Similarly, the angle by its side was found bent, with red colour like that of S.T. which could be removed by scratching. From this it appears that this truck has dashed, has come into contact with some S.T. bus. The evidence of the driver of the truck that he pleaded guilty only to avoid harassment of the trial has been disbelieved by the Tribunal. The condition of the truck depicted in Exh. 67 can, therefore, be attributed to this very accident. In addition to the interested versions of the parties, there is on record evidence of PW 1, Mr. R.K. Deshpande, Advocate of Akola, who was also a passenger in the bus. Both the drivers have also entered into witness -box. From the evidence of these witnesses it is clear that the accident took place near village Ambhora on a national highway. The right side of the truck brushed against the right side of the bus from the end of the driver's seat and the iron bars fixed to the windows of the bus broke. The glass panes of the rear two windows on the right side of the bus also broke. There were scratches on the right side panel of the bus and it was bent. The iron bar was pushed to the rear on account of the impact. Not only the claimant's right hand was dismembered and fell on the road but also the ankle elbow of a Sindhi passenger broke and Mr. Deshpande's daughter's left hand nails were scratched. The bus was stopped at about 20 to 25 feet from the place of the accident.