Injured Chowkidar Gets ₹1.97 Lakh Plus Interest After P&H HC Finds HRTC Bus Driver Negligent

On 22 August 1996, Ram Nath was injured when bus No. HP-18-3554 allegedly struck him near the Bus Stand at Naraingarh.

He claimed that the bus was driven rashly and negligently by respondent No. 2.

An eyewitness, Gainda Ram (PW4), supported his account; the driver denied the bus’s involvement and relied on a duty register.

The Motor Accident Claims Tribunal accepted the defence evidence and dismissed the claim petition, although it assessed compensation at ₹1,97,925.

Ram Nath appealed.

In a claim proceeding under the Motor Vehicles Act, the claimant must establish the accident and the vehicle’s involvement on a balance of probabilities, not beyond reasonable doubt; the proceeding is summary in nature.

Oral and documentary evidence must be assessed cumulatively. A driver’s denial and a duty register may be relevant, but the register’s evidentiary weight must be assessed in light of its entries, its producer and the other evidence; it should not be given overriding significance without adequate scrutiny.

Section 140 of the Motor Vehicles Act was raised by the claimant, but the Court did not separately determine or grant relief under it.

The High Court found that the Tribunal gave undue weight to the driver’s denial and the duty register, which the driver himself produced, without adequately testing the register’s reliability or considering the claimant’s evidence cumulatively.

The claimant’s account was supported by PW4, whose testimony directly connected the bus with the accident.

The Court held that PW4’s evidence could not be rejected merely because he had not recorded the registration number at the scene or was not well educated; nor did the absence of an FIR or criminal proceedings defeat the civil claim.

On the balance of probabilities, the Court found that the bus was involved and that respondent No. 2 drove it rashly and negligently.

As the Tribunal had assessed compensation at ₹1,97,925 and the claim was dismissed solely on the vehicle-involvement issue, the claimant was entitled to that assessed amount.

The claimant was held entitled to ₹1,97,925, with interest at 7.5% per annum from the date of filing the claim petition until realization, payable by the respondents.

Pending applications, if any, were disposed of accordingly.