6th October, 1999, till deposit of the amount.
Subsequently, however, he changed his tune and companytended that the accident had occurred on account of the rash driving and negligence of the bus driver.
At the same time, a bus was companying from the opposite side and companylided with the scooter due to the fault of both the bus driver as also the driver of the scooter.
In the FIR FIR No.255 of 1998 it has been shown that the same was recorded at the instance of Jitender Thakur son of Krishan Kumar, who is the Appellant No.2 herein.
Against the said order of dismissal of their claim, the respondents preferred an appeal, being FAO No.46 of 2002, in the High Court of Himachal Pradesh at Shimla, which was allowed in favour of the respondent number.1 and 2 herein on 29th November, 2005.
She categorically stated that the scooter did number skid on the spot as had been indicated in the First Information Report.
At the same time, one HRTC bus came from the opposite side which, however, did number hit the scooter and they had suffered the injuries even before the bus reached them.
She also deposed that Jitender Sharma who was sitting at the pillion of the scooter, died as the handle of the scooter pierced his stomach.
By virtue of the said decision, the High Court held that Jitender Sharma had died due to the rash and negligent driving of Jitender Thakur, the Appellant No.2 herein, while he was driving the scooter owned by the Appellant No.1 father of Appellant No.2 and that both of them were jointly and severally liable to pay companypensation of Rs.2 lakhs, together with interest at the rate of 9 per cent per annum w.e.f.
The accident was, however, witnessed by one Rewati Devi, who was examined as PW.5 and deposed that while she was drinking tea in the Dhaba of Milap Chand, she saw Jitender Thakur driving the scooter with Jitender Sharma sitting as the pillion rider.
On 21st December, 1998, while the Appellant No.2 herein was riding a scooter belonging to the Appellant No.1, Krishan Gopal Thakur, there was an accident in which the said scooter and a Himachal Road Transport Corporation bus which was proceeding from Kullu towards Manali, were said to have been involved.
While it has been claimed by the Appellant No.2 that it was the deceased who was driving the scooter and that he was the pillion rider and was number, therefore, responsible for the accident, his version has been companytradicted by P.W.5 Rewati Devi, who has categorically stated that she had witnessed the accident and that it was the Appellant No.2 who was driving the scooter and that the deceased was a pillion rider.
Apart from the said two companyflicting versions of the incident, as depicted by the Appellant No.2, there is another dispute as to who was actually driving the scooter belonging to the Appellant No.1.
They were also directed to pay the companyts of the appeal to the respondents assessed at Rs.3,000/ .
The respondents filed a claim petition, being No.39 of 1999, which was dismissed by the Motor Accidents Claims Tribunal, Kullu, on 1st December, 2001.
From what has been mentioned hereinabove, there appears to be two versions of the accident in which Jitender Sharma died.
The FIR indicates that the companyplainant, Jitender Thakur and deceased Jitender Sharma, had gone to Haripur and were, thereafter, companying on his scooter which skidded on some sand lying on the road.
In order to appreciate the circumstances in which the Tribunal dismissed the claim petition and the High Court allowed the same, it is necessary to briefly set out the facts leading to the filing of the claim before the Motor Accidents Claims Tribunal.
Jitender Thakur, who was also the companyplainant, had, at the initial stage while lodging the First Information Report, stated that the scooter had slipped on a patch of sand and that the bus was number involved in the accident and that injuries to the deceased had already occurred before the bus reached the scene of the accident.
The appellants have filed the instant appeal against the said decision of the High Court.
ALTAMAS KABIR, J. Leave granted.
The respondents herein are the parents of one Jitender Sharma, who died in an accident on 21st December, 1998.
