SUBHADRA BAI Vs. M.P. STATE ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) THIS is an appeal against the decision of the Motor Accidents Claims Tribunal, Indore, dated 18 -4 -74 in Claim Case No. 112 of 1971, whereby the application of the claimant -Appellant, under Section 110A of the Motor Vehicles Act, 1939 for compensation in respect of a fatal accident was dismissed.

(2.) THE Appellant is the widow of Chandulal, who died in the motor accident on 5 -9 -71. On the date of the accident the deceased was coming from Holkar College side, while driving rickshaw No. M.P. 9563, at about 6 a.m. The Respondent No. 2 Motilal was a driver on bus No. MPC 7714 belonging to Respondent No. 1, the M.P. State Road Transport Corporation and was going from Indore to Mhow. A collision took place between these two vehicles, which were moving in opposite directions, just near Navlakha bridge, with the result that deceased Chandulal sustained serious injuries on account of which he died in the hospital on the very day.

(3.) THE claim was contested by the Respondents Nos. 1 and 2. They denied that the accident took place on account of any rash and negligent act of Respondent. No. 2 in driving the bus. It was urged that Respondent No. 2 was driving the bus at a moderate speed and very cautiously but it was the deceased, who came from the opposite direction driving his rickshaw very fast. It was further averred that Respondent No. "2, seeing the rickshaw coming at a fast speed, stopped his bus but the deceased could not control the rickshaw and dashed against the bus and as such he was himself responsible for the accident. The Respondents 1 and 2 also denied the quantum of damages as claimed by the claimants.