BALDEV SINGH Vs. HARBHAJAN KAUR

JUDGEMENT

(1.) BY this judgment, I will dispose of as many as 12 FAOs i.e., F.A.O. No. 99 of 1993 Baldev Singh and another v. Harbhajan Kaur etc., FAO No. 100 of 1993 Baldev Singh and another v. Ram Pyari and others, F.A.O. No. 101 of 1993, Baldev Singh and another v. Ram Pyari, F.A.O. No. 102 of 1993, Baldev Singh and another v. Baldev Raj and others, F.A.O. No. 103 of 1993, Baldev Singh and another v. Lipika Ray and others, F.A.O. No. 104 of 1993, Baldev Singh and another v. Dharam Pal Gupta and others, F.A.O. No. 105 of 1993, Baldev Singh and another v. Gurbax Singh and others, F.A.O. No. 106 of 1993, Baldev Singh v. Isham Singh and others, F.A.O. No. 107 of 1993, Baldev Singh and another v. Rajiv Mittal and others, F.A.O. No. 108 of 1993, Baldev Singh and another v. Braham Singh and others, F.A.O. No. 1623 of 1992, Gurbax Singh v. Baldev Singh and others and F.A.O. No. 1624 of 1992, Isham Singh and Baldev Singh and others, as in my opinion all these 12 appeals can be disposed of by one judgment having the common question of law and fact.

(2.) THE facts are being taken from F.A.O. No. 99 of 1993. The facts in this case are not much in dispute. The common case of the claimants before the trial Court was that tractor-troller No. BRY-1140 was being driven by Shri Baldev Singh and Haryana Roadways Bus No. HNE 376 was being driven by Shri Rupinder Singh and both the vehicles were involved in this accident. The tractor was owned by Shri Jaswant Singh while Haryana Roadways is the owner of the bus. Tractor in question was insured with the New India Assurance Company Ltd. while the bus of the Haryana Roadways was insured with National Insurance Company Ltd. Both the vehicles were going on G.T. Road near Jai Guru Dev Spinning Mill, Pipli on 2.4.1989 at 7.30 P.M. when the accident took place. FIR Ex. PW4/C (Ex. PA) was registered on the information of the conductor of the Haryana Roadways bus against Shri Baldev Singh, driver of the tractor troller. Smt. Harbhajan Kaur, Smt. Ram Piari, S/Shri Baldev Raj, Rajiv Mittal, Braham Singh and Dharam Pal were travelling in the Haryana Roadways bus who sustained injuries. Shri Ram Kishan husband of Ram Piari and Bhago d/o Ram Piari died in this accident. Sarv Shri Gurbax Singh and Isham Singh were travelling on their respective cycles who also allegedly received injuries. According to Ram Piari, Gurbax Singh, Isham Singh, Braham Singh and Dharam Pal, the accident was caused due to rash and negligent driving of Baldev Singh while driving tractor troller. According to Lipika Roy the accident was caused due to the rash and negligent driving of respondent No. 3 Shri Bhupinder Singh while driving the Haryana Roadways bus.

(3.) RESPONDENTS No. 3 and 4 filed their joint written statement alleging that while crossing, the tractor hit the bus. Since the hook of the troller broke down, the trolley dashed against the back portion near the back tyre on the right side and the accident took place due to the rash and negligent driving of tractor. The Insurance Company of Haryana Roadways bus also pleaded that the accident took place on account of rash and negligent driving of the tractor against which the criminal trial was pending. It was also pleaded by the Insurance Company that the driver of the bus was not holding a valid driving licence.