R J FOUDAR BUS SERVICE Vs. GANPAT SINGH

JUDGEMENT

(1.) These appeals arise out of same accident, hence are being decided by the common order.

(2.) Three claim cases were filed. In one of the cases Shyama Bai aged 35 years had died and in other claim cases her sons Golu aged 3 years and Bhura, a student of class III, have died.

(3.) It was averred in the claim petition that on 13.8.1992 the deceased were travelling in a bus. Bus was driven by Phool chand, owned by R.J. Foujdar Bus Service and insured with New India Assurance Co. Ltd. When bus was taken by the driver on the bridge on which water was overflowing due to rain bus was washed away. The dead body of Bhura could not be found whereas dead bodies of Shyama Bai and Golu were found. It was due to rash and negligent driving of Phoolchand that the accident took place.