KEWAL MEHRA Vs. JAI PAUL SINGH

JUDGEMENT

(1.) This order shall dispose of F.A.O. Nos. 568, 569, 570, 571 and 875 of 1994 as all these appeals have arisen out of a common award passed by learned Motor Accidents Claims Tribunal (hereinafter referred to as the Tribunal), Ropar.

(2.) On 28.5.1990 Sarabjit Singh, the deceased, had gone to Ropar in the car No. PER 9110. When he was returning to Mohali in his car, Jasbir Singh, the Assistant Excise and Taxation Commissioner, Ropar, Kewal Mehra, Taxation Inspector, Mohali, Sushma Kumari and Jaswinderjit Kaur, Excise and Taxation Officers were also going from Ropar to Mohali in the Government vehicle. On the way at about 7 kilometres from Ropar, the said Government vehicle went out of order and Kewal Mehra signalled car No. PBR 9110 to stop. Sarabjit Singh knew Kewal Mehra. Accordingly, he stopped the car. All the aforesaid persons boarded the car for going to Mohali. The claimants have maintained that the car was being driven slowly and on left hand side of the road. At about 4.30 p.m. when the car reached 3 kilometres ahead of Kurali towards Mohali, a truck No. PEG 1417 came at a fast speed from behind and its front portion struck the back of the car. The truck driver was stated to be very rash and negligent in his driving. He did not observe the traffic rules. A bus No. CHW 7940 was stated to be coming from the opposite side and in a fast speed. The driver of the bus drove the bus on the wrong side and the front portion of the bus struck the front portion of the car. The bus dragged the car towards its left side. Both the truck driver and the bus driver were negligent in causing the accident with the car. It is claimed that there was no negligence of the driver of the car. All the occupants of the car received injuries. Sarabjit Singh, driver of the car died immediately after the receipt of the injuries. On that basis, the claimants filed claim petitions claiming compensation.

(3.) Jai Paul Singh, the respondent No. 1, is the driver of the truck. Vijay Kumar Aggarwal, respondent No. 2 is the owner of the truck. The truck was insured with United India Insurance Co. Ltd., respondent No. 3. Chandigarh Transport Undertaking is respondent No. 4 and Chandigarh Administration, Union Territory, Chandigarh has been arrayed as respondent No. 5 as the owner of the bus No. CHW 7940. Kishori Lal, respondent No. 6 is the driver of the bus.