BASANTLAL Vs. M.P. STATE ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) THIS revision application arises out of proceedings initiated under Section 110A of the Motor Vehicles Act, 1939.

(2.) THE Petitioners who are members of the same family were going in their Ambassador car No. MPF 1442 from Shivpuri to Jhansi on 21 April, 1972. At about 5 kilometre from Shivpuri, the stage carriage No. MPG 9846 owned by the M.P.S.R.T.C. was coming from the opposite direction. It was being driven by non -Petitioner No. 2, Motilal. The Petitioners' case is that the stage carriage was being driven at a very high speed and on account of negligence of the non -Petitioner No. 2, the bus first hit a bullock -cart and then dashed into the Petitioner's car as a result of which not only the car of the Petitioners was damaged but all the occupants of the car were injured. Hence the Petitioners filed a joint petition before the Claims Tribunal on 19 -10 -72 for awarding compensation to each one of them.

(3.) AFTER framing issues on the contentions raised by the parties, the Tribunal first took up the following preliminary issue