JOGINDER KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) SUKHWINDER Singh a driver serving in the Emergency Department, of Rajendra Hospital, Patiala, atter leaving the patients of Rajendra Hospital in Standard 20 Ambulance No. PBP-2620 was coming when Bus No. HRV-2763 being driven by Sat Narain came from behind and stopped in front of the Ambulance after crossing it all of a sudden as a result of which the back portion of the bus hit the front portion of the Ambulance causing his death and injuries to his co-passenger. The claimant (the widow and two minor children in the petition under Section 100-A of the Motor Vehicles Act (for short the Act') claimed compensation to the tune of Rupees 5 lacs for the loss to which they have been put on account of ultimately death of the sole bread winner of the family.

(2.) THE claim was contested. On the pleadings of the parties, the following issues were framed :1. Whether Sakhwinder Singh son of Amar Singh (deceased) lost his life because of the rash and negligent driving of Bus No. HRV- 2763 belonging to the Haryana Roadways by its driver on 1. 2 86 ? OPP. 2. Whether the death of Sukhwinder Singh was the direct consequence of the rash and negligent driving of the aforesaid bus by its driver ? OPP.

(3.) WHETHER the applicants are legal representatives heirs of the deceased ? OPP.