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Head Note

Motor Vehicles Act,1988  - Section 166

Pleas taken by the driver as well as the Transport Undertaking as regards the accident totally at variance - Nothing to doubt the version of the claimants and their witnesses that the bus was driven rashly and negligently - Perusal of the FIR substantiates the plea of the claimants and not of the driver -Statement of the mechanic that the belt of springs could have been broken in case brakes were suddenly applied - It appears that the bus driver drove the bus rashly and negligently and initially dashed the stationary tractor and then a eucalyptus tree - In that process due to application of brakes belt of springs was broken - Plea of Transport Undertaking that a scooterist was involved in the accident is totally a false plea and is not supported by its driver - Held that the bus was driven in a rash and negligent manner by its driver -Apart from that merely a mechanical failure is not enough to exonerate the Transport Undertaking from its liability in the absence of evidence being adduced that the vehicle was maintained properly - Brothers could not be said to be dependent on the earning of the deceased - Considering the fact that the deceased was teaching in a school, in totality of facts and circumstances, it would be appropriate to award a lump sum compensation of Rs.7,50,000/- to the parents along with interest at the rate of 6 per cent per annum from the date of filing of claim petition till its realization.

Topic(s)-MACT - Lump sum compensation allowed