PAL BUS SERVICE Vs. SURJIT KAUR AND ORS.

JUDGEMENT

(1.) ON 17.2.1970 at about 9 a.m., Gurcharan Singh, Detective Foot Constable, posted at Police Station Longowal boarded bus No. PNC 1495 to go to Sangrur where he had to attend a meeting. He was thrown out of the bus at a turning a few furlongs away from the police station. Upon falling from the bus he suffered injuries as a result of which he later died. It is in respect of this accident that an application under Section 130 -A of the Motor Vehicles Act was filed by his widow, children and parents seeking Rs. 80,000/ - as compensation for the loss suffered by them on account of his death.

(2.) IT was the finding of the Tribunal that the accident in this case had taken place due to the rash and negligent driving of the bus driver and a sum of Rs. 64,000/ - was awarded as compensation to the claimants. It is this award which is now sought to be challenged in appeal.

(3.) THE version of the accident as per the case of the claimants was deposed to by PW 2 Ajmer Singh, PW 3 Sarup Singh and PW 9 Sajjan Singh. All these witnesses stated that they were travelling in the bus at the time of the accident and it was their testimony that Gurcharan Singh came and sat on the seat near the front window of the bus and this window was loose and the driver of the bus had been driving the bus at a very fast speed and when the bus came near the canal minor and took a turn at a fast speed, the front window opened by itself and Gurcharan Singh fell out of the bus through this window.