Sneh Beri and Another vs Daljit Singh and Another

Amarjeet Chaudhary, J.—Manu Beri aged 12, son of Dr. R.N. Beri of Jalandhar, while coming on his bicycle was run over by a Punjab Roadways bus on 30.1.1984. Mr. S.S. Grewal, Motor Accidents Claims Tribunal, Jalandhar, while exonerating the driver awarded a sum of Rs. 15,000/- only as compensation u/s 92-A of the Motor Vehicles Act. Aggrieved against this, the present appeal has been preferred.

In the petition, it has been alleged that Daljit Singh, the driver of Punjab Roadways bus No. PUR 6856, was rash and the student was run over resulting in instantaneous death.

PW 2, Dr. S.D.S. Chitkara, Medical Officer of the Civil Hospital, Jalandhar, conducted the post-mortem examination on the dead body of Manu Beri aged 12 and the injuries found on the person of the deceased have been described as under:

(1) Lacerated wound measuring 16 cm. x 6 cm. on the left side of the lumbo-sacral region extending up to the pelvic bone. Intestines and other viscera were protruding outside from the wound. Underlying soft tissues and pelvic bone and femur vertebral column were found crushed. Abdominal cavity was full of dark blood. The spleen was ruptured.

(2) Multiple contusion abrasions on the both upper and lower limbs.

He has also opined that the injuries in question could be caused if the victim was run over by a heavy vehicle like a bus. PW 3, Kulwant Singh, is the witness who lodged the F.I.R. against the accused driver but in examination-in-chief he hesitated in supporting the original story. However, in cross-examination he has stated that a small passage about two feet wide has been left for the pedestrians and cyclists to cross the road near the school. He has also said that the school had just closed for the day when the accident took place and the children were in a hurry in the process of reaching home.

PW 4, Inderjit Singh Rana, a teacher of the aforesaid Montogomery Guru Nanak Public School, has said that driver of the bus in question was rash and it struck against the bicycle of Manu Beri, who was run over. PW 1, Daljit Singh, the driver of the bus, has denied his negligence and deposed that he did not notice the student coming from the school which was located on the right hand side of the G.T. Road while one comes from Amritsar.

PW 5, Mrs. Sneh Beri, the mother, has deposed in the trial court that her son was studying in 5th standard and he was a brilliant student.

All this shows that it was in fact a case of contributory negligence inasmuch as Daljit Singh, the driver of the Punjab Roadways bus, was expected to be cautious while crossing the pavement which was in the vicinity of an educational institution where the students were coming out at the closing time of the public school between 3.15 p.m. and 3.30 p.m. on 30.1.1984.

Manu Beri was a brilliant student which is evident from the merit certificates, Annexures A-1 and A-2, for the years 1980-81 and 1981-82. The other certificate, Annexure A-3, shows that he had stood second in the class. This showed aptitude for learning. His father was a Medical Officer and the mother had been in teaching. In G. Padmanabhan Nair and Others Vs. G.M. Kerala State Road Transport Corporation and Another, , where the deceased was a student aged 13 who while riding on a bicycle had lost his life when he was run over by a bus. The apportionment made in the ratio of 40:60 and holding the total compensation at Rs. 60,000/-, the amount payable to the two claimants comes to Rs. 36,000/-. Out of this the sum of Rs. 15,000/- has already been awarded to the claimants. Besides this, interest shall also be payable on this sum at the rate of 12 per cent per annum from the date of the application till realization. The claimants are entitled to costs as well at the aforesaid ratio. The conclusion is that the appeal is partly accepted.