High Court Punjab-Haryana High Court

Satyawan Son Of Mir Singh vs Mahinder Singh Son Of Daryav Singh … on 15 February, 2006

Punjab-Haryana High Court
Satyawan Son Of Mir Singh vs Mahinder Singh Son Of Daryav Singh … on 15 February, 2006
Equivalent citations: IV (2006) ACC 129, 2007 ACJ 1396, (2006) 143 PLR 155
Author: V Mittal
Bench: V Mittal


JUDGMENT

Viney Mittal, J.

1. Satyawan is the appellant before this Court. He is an injured person in an accident which had taken place on September 25. 1996 and has claimed enhancement of compensation before this Court.

2. On September 25, 1996. Satyawan boarded a Bus bearing Registration No.HR-46-2442. Since the bus was over-loaded with passengers, therefore, Satyawan chose to stand on the rear stairs outside the bus. When the bus in question was trying to overtake a truck, the Satyawan fell down from the stair case and sustained injuries. It was claimed by him that the bus was being driven rashly and negligently by the driver. Ma-hinder Singh and therefore, he field a claim petition.

3. The learned Motor Accident Claim Tribunal, on the basis of appreciation of evidence brought on record by the parties, held that Mahinder Singh, driver of the bus was driving the bus rashly and negligently. However, it was also found that Satyawan was standing on the rear stair case of the bus and therefore, was guilty of contributory negligence. Contributory negligence of Satyawan was assessed to the extent of 70%. An amount of Rs. 50,000/- was assessed as total compensation payable to Satyawan but on account of 70% contributory negligence of the inured himself, the net amount payable to the claimant came to Rs. 15,000/-. However, the Tribunal noticed the fact that the injured could not be allowed less compensation than the one given in the Statute under “no fault liability’ and because of the fact that Satyawan had suffered permanent disability to the extent of 10%, therefore, a minimum compensation of Rs. 25.000/- was held payable to him. The aforesaid amount of compensation was held payable alongwith interest at the rate of 12% per annum. The driver and the owner of the vehicle were held jointly and severally responsible to pay the compensation. The claim qua the Insurance Company was dismissed.

4. The claimant has now approached this Court for enhancement of compensation.

5. The facts are not in dispute. It is apparent from the evidence on the record and findings recorded by the Tribunal that Satyawan claimant was standing on the rear stair case of the bus. Even if it is taken that the bus was being driven rashly and negligently, the conduct of the injured claimant himself cannot be ignored. A stair case attached at the rear of the bus is not a place which is meant for travelling. The injured claimant is to blame himself for the injuries caused to him. In these circumstances, the findings recorded by the learned Tribunal that there was contributory negligence to the extent of 70% on behalf of the injured, cannot be held to be erroneous in any manner.

6. There is no scope for interference in the present appeal. The same is consequently dismissed.