PRTC Vs. JOGINDERO

JUDGEMENT

(1.) This judgement shall dispose of FAO No.5730 of 2010, FAO No.5731 of 2010, FAO No.5732 of 2010 and FAO No.5733 of 2010, as all these appeals arise out of a common impugned award passed by the Tribunal.

(2.) These appeals have arisen out of the award passed by the Tribunal for the death of four passengers in the vehicle plied by Pepsu Road Transport Corporation (for short 'PRTC'), the appellant herein on account of the terrorist attack.

(3.) The claimants/respondents have contended in the claim petition that on 30.11.1986, when the deceased were going from Bhogpur to Mukerian in the bus bearing registration No.PJG-7284, near the link road turning of village Bagol on National Highway, some militants equipped with arms/guns forced their entry into the ill-fated bus and hijacked the same on gun point and shot at the passengers indiscriminately at about 5.20 p.m. in village Bagol and as a result of which the deceased sustained multiple injuries and died. The militants fled away from the scene of occurrence after killing innocent people. It has been alleged that the incident took place due to the negligence on the part of the appellant who never cared to arrange police escort for the protection of the passengers who travelled from Ludhiana to Pathankot. Contending that death of the deceased had taken place due to the use of the motor vehicle, they have claimed compensation by filing the claim petitions on 14.8.2006.