BIHAR STATE RAJYA TRANSPORT CORPORATION Vs. CHANDRESHWAR MISHRA

JUDGEMENT

(1.) This appeal has been filed by the opposite parties of claim case No. 38 of 1977, 2 of 1979 under the provisions of Section 110-D of the Motor Vehicles Act against the judgment and award dated 12-7-80 given by Sri Chandra Shekhar Singh, District Judge of Vaishali, acting as Motor Vehicle Accidents Claims Tribunal. The amount of compensation allowed by the Tribunal is Rs. two lacs in all besides costs of Rs. 500.00 payable by the opposite parties-appellants to the claimants-respondents.

(2.) Respondent No. 2 is the minor son of respondent No. 2(?) who was the husband of the deceased, Smt. Uma Singh. Their case was that the deceased, Smt. Uma Singh, who was a lecturer in political science in Ram Sewak Mahila College, Sitamarhi, had come to her father's place at Patna and was returning there on 9-9-1977. She crossed the Ganges at Patna by steamer. At Pahlezaghat she boarded a non-stop Rajya Transport bus bearing no BHF 388, which was running from Siwan to Sitamarhi, at about 11.30 a.m. After seeing her off there, her husband left for Muzaffar-pur by train for some other work. When the bus was about one or two kilo metres away from Goraul its left front tyre burst and the bus dashed against a neem tree after skidding about 22 yards as a result of which the bus got very badly damaged and its driver and conductor died at their seats. Two children and one lady who were co-passengers of this bus also died at the spot while many other passengers of the bus got badly injured. One of the badly injured persons was Smt. Uma Singh. Some local persons including one Deputy Magistrate (A.W.7), who happened to be there at that time, took her and other injured persons to the Goraul Hospital but she was declared dead there.

(3.) A fardbeyan about this accidents was recorded by the police officer of Goraul police station on the same day at 2.30 hours on the statement of A.W. 9, Dev Narain Mahto, who was also one of the passengers, of the ill-fated bus and sustained injuries in that accident. The police registered a case and, after holding inquest on the deadbodies, got the post mortem examinations conducted and also got bus in question examined by the Motor Vehicle Inspector (A.W. 10) on 16-12-1977.