NEW INDIA ASSURANCE CO.LTD. Vs. DALIP KAUR

JUDGEMENT

(1.) All these appeals and cross-objections have arisen out of one common award dated 14.3.1988 of the Motor Accidents Claims Tribunal, Patiala, whereby 70 claim applications claiming various amounts of compensation were filed by the legal heirs of the deceased who had died in accident on 15.6.1987 caused due to negligence of the driver of bus No. PUC 5282. All these appeals and cross-objections being based on same facts and similar grounds are disposed of by one common judgment.

(2.) As per the facts which emerge from the impugned award, on 15.6.1987 bus No. PUC 5282, which was registered in the name of M/s. Sharma Transport Company, Patiala, was carrying a large number of passengers and was proceeding from Samana to Patiala. When the bus, which was full of passengers, reached over the Bhakra Canal Bridge, the driver lost control over the bus and it fell in the Bhakra Canal. All the passengers died while one Harbans Singh received injuries. The bus in question was insured in the name of M/s. Sharma Transport Company, the registered owner, for the period 3.2.1987 to 2.2.1988 vide policy No. 4577217735, Exh. P13. As many as 70 claim applications were filed before Motor Accidents Claims Tribunal, Patiala by the legal heirs of the deceased passengers claiming various amounts of compensation. The respondents-claimants impleaded M/s. Sharma Transport Company, the registered owner, as well as M/s. Jit Transport Company, alleged transferee of the bus in question, and the appellant insurance company as the insurer.

(3.) The claim applications were contested by the alleged transferee, owner as well as the insurance company.