VINOD KUMAR Vs. PUNJAB STATE

JUDGEMENT

(1.) THIS set of four appeals arises out of an accident, which took place at about 10.00 A.M. on 24.9.1984 near the over bridge of village Ladhowal on the G.T. Road in District Ludhiana involving bus No. PJG-704 being driven by respondent No. 4 (Subhash Chand) and Car No. PUO-1959, make Ambassador, in which Raj Rani, Vinod Kumar, Janak Raj and Shama Arora were travelling and was being driven by Balwinder Singh. In the said accident three persons i.e., Vinod Kumar, Janak Raj, Raj Rani sustained injuries whereas Shama Arora wife of Vinod Kumar, was killed. Four claim petitions were thereafter filed and the Motor Accident Claims Tribunal, Ludhiana vide its award dated 20.5.1986 awarded a sum of Rs. 15,000/- each to Vinod Kumar and Janak Raj, claimants for the injuries suffered by them in the accident whereas a sum of Rs. 10,000/- was awarded to Raj Rani, claimant, for the injuries sustained by her. A sum of Rs. 40,000/- was awarded to Vinod Kumar, Master Sumir and Miss Poorti for the death of Shama Arora. Interest at the rate of 9% per annum was also awarded by the Tribunal on the amount of compensation from the date of filing of the claim petition till its realisation.

(2.) AGGRIEVED by the award, the claimants have filed the present appeals.

(3.) AS the State of Punjab has not filed any appeal, the negligence on the part of Subhash Chand, the driver of the offending bus, and the vicarious liability of the State of Punjab is confirmed.