SANGEETA Vs. SURINDER KUMAR

JUDGEMENT

(1.) The appellant Sangeeta was a student of class IX and was aged 14 years, when on 28.3.1978 she met with an accident involving bus No. DEP 2260 and as a result of the accident she sustained injury on her left thigh. She suffered severe damage to the muscles and as per the evidence of PWs 4 and 5 had to undergo numerous operations to provide skin-grafting to the damaged left leg and she remained under medical treatment till 26.5.1978.

(2.) The bus in question was owned by the respondent No. 3 who was conducting business as a transporter under the name and style of respondent No. 6. The bus was a private bus but was operating under the control of D.T.C., respondent No. 5. The bus was insured with respondent No. 4.

(3.) By the award dated 4.12.1987, the learned M.A.C.T. held that the accident was caused due to rash and negligent driving of the bus, which was being driven by the respondent No. 1. It was held that no liability could be fastened on respondent No. 5, D.T.C. Award was made against respondent Nos. 2, 3, 4 and 6 jointly and severally.