SUMITRA Vs. HARYANA ROADWAYS

JUDGEMENT

(1.) THE appellants have prayed that the quantum of compensation awarded to them, vide judgment dated June 7, 1985, is far less in comparison to what they have suffered.

(2.) THE accident occurred on April 27, 1984 at the Bus Stand, Bhiwani, when a Haryana Roadways bus ran over the deceased Om Parkash, who was employed in front of the Bus Stand, Bhiwani in a Coffee House by the name of Lovely Coffee House. The deceased was going towards Bhiwani City on a cycle when the Haryana Roadways bus bearing No. HRJ-2823 driven by respondent No. 3, i.e. Dhajja Ram, coming from the Bus Stand, Bhiwani, at a fast speed, went out of control and ran over the deceased. In that accident, on the fateful day, apart from the deceased Om Parkash, two other persons also, who were rickshaw pullers, died on the spot. Several others were injured. This occurrence was witnessed by passers-by and one Shri Ramesh Kumar. First Information Report was lodged by Shri Ramesh Kumar in the police station. The appellants claimed compensation of Rs. 90,000/-

(3.) LEARNED counsel for the appellants filed Civil Miscellaneous Application No. 16715-CII of 2000 in F.A.O. No. 838 of 1985 stating that appellant No. 2, i.e., Jai Chand has since died. Vide order dated November 28, 2000, appellant Nos. 1, 3 and 4 were appointed as legal heirs of the deceased Jai Chand, who are already available in the Memo of Parties. Vide order dated November 28, 2000 passed in Civil Miscellaneous Application No. 16714-CII of 2000 in F.A.O. No. 838 of 1985, appellant No. 1-Sumitra Devi wife of Jai Chand was relieved to act as a guardian of the minors (applicant Nos. 3 and 4) as they have now become majors.