Sukhbir Singh and Another vs Ram Mehar and Others

K. Kannan, J.—The appeal is by the owner and the driver of the truck which was involved in an accident in a collision with a bus belonging to the UP Roadways. The deceased was a gratuitous passenger in the truck. The Insurance Company of the truck was, therefore, discharged from liability and the owner of the vehicle alone was found responsible. I cannot fault the liability cast on the owner of the truck.

The learned Counsel for the Appellants, however, argues that in a case of a head-on collision between two vehicles, there was no justification for finding the driver of the truck to be solely responsible for the accident. Such a finding had been entered by the Tribunal for the only reason that the driver had run away from the spot and, therefore, the Tribunal took the negligence of the driver to be fully established. I cannot make such an inference and in a case of head-on collision, I will place the responsibility for both the drivers. The owner of the bus is equally responsible for the amount determined by the Tribunal and it shall be shared as 50:50 with the owner of the truck. The award of the Tribunal is, under the circumstances, modified to apportion the liability between the owner of the truck and the owner of the bus in equal measures. The amount of compensation determined could not have suffered any abatement as far as the passenger in the truck was concerned. The amount determined as constituting a loss of the estate and entitlement to the claimants will, therefore, be apportioned between the respective owners of the vehicles. If the whole amount has been paid by the Appellant, it will have a right of recovery against the owner of the bus. If the Appellant himself has paid only 50% of the amount on account of the order passed by this Court, the claimants shall be entitled to recover the remaining 50% against the owner of the bus, namely, the UP Roadways.

The appeal is allowed to the above extent.