(1.) THIS judgment will dispose of F.A.O. Nos. 377, 378 and 379 of 1989, as these arise out of the same award dated 31st October, 1988, of the Motor Accidents Claims Tribunal, Chandigarh, (hereinafter referred to as 'the Tribunal'), by which the claim applications of the appellants having arisen out of the same accident had been decided.
(2.) BRIEF facts giving rise to the present appeals are that on the night of 12th November, 1985 (which happened to be a Diwali night), at about 10.00 p.m. Dr. M.L. Sharma (appellant in F.A.O. No. 377 of 1989), along with his wife Sudha Sharma (appellant in F.A.O. No. 379 of 1989) and their two minor daughters, Piya (deceased) and Puja (appellant in F.A.O. No. 378 of 1989) were travelling in their car No. CH 8877. They were residing in Sector 24, Chandigarh and were coming from Sector 34. The car was proceeding on the left side of the road dividing Sectors 22 and 23, and was going straight in the direction of Sector 17 and was to turn to Sector 23 side. When it reached the vicinity of T-junction having traffic lights from where a road branches off to Sector 23-A, Haryana Roadways bus No. HRX 923, which was coming from the opposite side from Sector 17 side and going towards Sector 35 side while the car was very near the T-junction, the bus, which, according to the passengers of the car, was being driven rashly and negligently, just swerved to its right and struck against the car. Due to the impact the car was pushed to the term of the road and after causing the accident, the bus came to a halt by striking against a tree. All the occupants of the car received severe injuries. Unfortunately, the injuries on Piya Sharma proved fatal at the spot. The other three injured, who are the present appellants, were shifted to the hospital.
(3.) FROM the pleadings of the parties, the following issues were framed by the Tribunal: