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Judgment
J.R. Midha, J.—The appellant has challenged the common award dated 20th March, 2006 passed by the learned Tribunal whereby seven connected claim petitions arising out of the same accident were allowed.
The accident dated 29th January, 1999 resulted in the injuries to passengers of Tata Sumo out of which one claimant expired later on. The Tata Sumo was going from Rajpura to Ambala side on the left side of the G.T. Road. It is a double road but the right side of the road was closed for some reason. The offending bus was coming from Ambala side and was going towards Rajpura side but since the right side of the road was closed, the bus came on the wrong side and there was a head on collision between the bus and the Tata Sumo.
The learned Tribunal has held the bus to be rash and negligent and has passed the award against the appellant which is under challenge in this appeal.
The learned Counsel for the appellant challenges the finding of rash and negligent driving of the bus and submits that the driver of Tata Sumo was negligent. Without prejudice it is submitted that it is a case of composite negligence of both the vehicles.
The site plan, Ex.PW1/A, and the photographs, Ex.PW1/1, clearly show that the Tata Sumo was on the correct side of the road and the bus came on the wrong side. Even if the right side of the road was closed, the driver of the bus was required to exercise due care and caution by putting on the head lights and by giving indication to the traffic coming from the opposite direction. There is no evidence that the driver of the bus has put on the head lights or had given any other indication in this case. The photographs -Ex.PW1/1 show the bus to be in the middle of the road which also points out to the negligence of the bus. Admittedly, the police has registered the case of rash and negligent driving against the driver of the bus. In these circumstances, there is no infirmity in the finding of the learned Tribunal as to the rash and negligent driving of the appellant''s bus. The finding of the learned Tribunal with respect to the rash and negligent driving is upheld.
The amount awarded by the learned Tribunal is just, fair and reasonable and does not call for any interference.
For the aforesaid reasons, all the seven appeals as well as all the pending applications are dismissed.
The appellant has deposited the entire award amount along with interest with the learned Tribunal in terms of the order dated 29th May, 2006 out of which 75% of the award amount has been released to the claimants and the remaining 25% of the award amount is kept in fixed deposit.
Since the appeals have been dismissed, the learned Tribunal is directed to release the balance 25% of the award amount along with up to date interest to the claimants in terms of the award within a period of two weeks.
After the satisfaction of the entire award, both the parties shall file an affidavit of satisfaction of the award whereupon the Registry shall release the statutory amount back to the appellant.
Copy of this order be given ''Dasti'' to learned Counsel for both the parties under signatures of Court Master.
List for compliance on 28th August, 2009.