PUNBUS, JAGRAON DEPOT Vs. KAMLESH KAUR AND ORS

JUDGEMENT

(1.) This is owner's appeal against the award dated 11.02.2013 passed by learned Motor Accidents Claims Tribunal, Ludhiana (for short 'the Tribunal'). Kamlesh Kaur and Manpreet Kaur, the claimants had brought a claim petition under section 166 of the Motor Vehicles Act, 1988 for compensation on the death of Gurmukh Singh having taken place in a road side accident that occurred on 11.04.2011. The award has been challenged by the appellant on the following grounds:-

(2.) On 11.04.2011 at about 3.00 PM, Gurmukh Singh, since deceased, was coming from Jagraon alongwith Prabhdeep Singh in TATA Indigo Car bearing registration No. PB-10-DA- 6988. The deceased was driving the car and when the same reached a little ahead of village Sheikhpura on G.T. Road, a bus bearing registration No. PB-10-BY-9402, owned by PUNBUS Jagraon Depot, came from the side of Ludhiana, which was being driven at a very high speed and in a rash and negligent manner by Dilbagh Singh. The driver of the bus had hit against TATA Indigo car and thereafter the bus had struck against another car bearing registration No. PB-10-CP-1238.

(3.) The respondent no.2 in driving the vehicle was so rash and negligent that the driver of car No. PB-10-CP-1238 could not save itself from being hit. After hitting that car, the bus driver landed the bus in the nearby fields and after jumping therefrom he escaped. Gurmukh Singh is said to have been died at the spot. He is stated to be of the age of 27 years and he was a driver and owner of his own vehicle and was earning Rs.15,000/- per month.