SADA SINGH Vs. BAHADUR SINGH AND OTHERS

JUDGEMENT

(1.) This judgment of mine will dispose of ten appeals mentioned above preferred by the claimants for enhancement of compensation Since all these appeals have arisen out of the one Award dated 22.09.1993 passed by Motor Accident Claims Tribunal, Ambala, these are, therefore taken up together for discussion and decision to avoid any repetition. For convenience facts are being taken from FAO No.1940 of 1994.

(2.) The claimants of the claim petitions detailed above have filed these claim petitions under section 110 A of the Motor Vehicle Act seeking compensation.

(3.) The facts of the case are that on 18.11.1988 deceased Mangal Singh, his wife Smt. Charanjit Kaur, deceased, child Virender Pal Singh injured about 8 years, Smt. Devinder Kaur, injured, Balihar Singh injured, Smt. Harbans Kaur deceased, child Miss Sheri aged about 7 years, injured, Smt. Harinder Kaur deceased, Smt. Amar Kaur deceased, Sh. Charandeep Singh deceased, Daulat Ram deceased, Dharam Chand injured, child Miss Meenu aged about 8/9 years injured, Amar Nath deceased, Smt. Bachan Kaur, deceased, Smt. Manjit Kaur, deceased, Smt. Beant Kaur, deceased, Sewa Singh deceased, Smt. Gurbachan Kaur deceased, Smt. Harbans Kaur injured, Smt. Kulwant Kaur inujred, Smt. Anoop Kaur, Gurmej Singh injured, child Gurinder Singh aged about 7 years, Puran Singh injured and other boarded a truck No. HRE 2050 and were returning to their village. They were also carrying wheat seed with them and the truck driver had told them that he would carry their wheat load only if they accompany the same in the truck and therefore they all boarded the aforesaid truck. At about 12.15 p.m. after crossing Ghaggar bridge the truck reached ahead towards Ambala City in the area of police station Ambala and in the meantime, an oil tanker No.PJN 2907, came from the front side i.e. Ambala side. The offending tanker was being driven rashly, negligently at a very high speed by respondent No.1 Bahadur Singh. On seeing the offending tanker coming rashly and negligent from the opposite side, the driver of truck took his truck on the extreme left side of the road and further slow down its speed. However, the driver of the offending tanker brought the tanker in the wrong side of the road and hit the truck No. HRE 2050 from the front side which resulted into the deaths and causing injuries to various persons detailed out above who were traveling in the truck No. HRE 2050.