M P STATE ROAD TRANSPORT CORPORATION Vs. ABDUL RAHMAN

JUDGEMENT

(1.) In these two appeals the Madhya pradesh State Roadways Corporation (here-in-after refemed to as 'Corporation') and its Depot Manager call in question the warrantableness of the awards passed by the First M.A.C.T., Bilaspur at Camp Korba in C.T.No. 56/88 and 58/88 granting compensation in favour of respondents/claimants No. 1 and 2 in M.A. No. 558/96 and respondents/claimants Nos. 1 to 3 in M.A.No. 559/96 respectively. As the claims have arisen from the same accident and the appeals are interlinked and interconnected, findings being common in respect of some common major issues they are disposed of by this common judgment which will govern both the cases.

(2.) The respondent No. 1 and 2 in M.A. No. 558/96 filed an application for grant of compensation against the Corporation, its representative and the driver and also against respondent No. 4, the owner of the Motorcycle which had collided with Bus No. MPE-2583 belonging to the Corporation driven by respondent No. 3 alleging that on 9-9-88 at about 11 .30 p.m. while Mond. Riyaz, a child of four years was going with his uncle Mohd. Matin and Mohd. Lukman on the Motorcycle owned by respondent No. 4, the accident took place as a result, Mohd. Riyaz and Mohd. Matin sustained injuries and ultimately succumbed to the same. The claim of the claimants was resisted by the Corporation contending, inter-alia, that the Bus was being driven in moderate speed but the Motorcycle was carrying three persons and was in high speed, and due to the rash and negligent driving of the rider, the Motorcycle dashed against the Bus and the fatal accident occurred. It was also pleaded that the person driving the same by violating traffic rules. With these assertions the Corporation denied the liability. The respondent No. 4, the owner of the Motorcycle, filed an independent written statement refuting the claim and praying for absolution.

(3.) As far as M.A.No. 559/96 is concerned the claimants, the legal heirs of Abdul Matin have claimed compensation as the accident had occurred due to rash and negligent driving of the driver of the Bus. The Corporation filed written statement refuting the claim of the claimants. Similar written statement was also filed by the owner of the Motorcycle denying the liability.