NAZAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this common judgment, CWP No. 12064 of 1994 and CWP No. 2373 of 1995 shall be decided together as both these petitions have common substantial questions of law to be answered and have similarity of facts as also of attending circumstances. For convenience and clarity, facts of CWP No. 12064 of 1994 are being narrated. Petitioner Nazar Singh, during his employment as a driver with Punjab Roadways, Nangal Depot, Ropar, on 12.2.1985 was driving bus No. PBM -6964 bound from Ludhiana to Chandigarh. The bus had met with an accident in the area of village Mander. It was about 10.45 a.m. As a result of this accident, two persons sitting in the Matador with which the bus had struck had died on the spot, whereas two others had Sustained injuries. Dependents of the deceased as also the injured had filed a claim petition before the Motor Accident Claims Tribunal (MACT), Ludhiana where inter -alia the petitioner was impleaded as one of the respondents.

(2.) THOUGH stand of the petitioner as also his employer therein was that the accident had not been caused due to fault of the petitioner, the Tribunal disagreeing with said plea, vide Award dated 2.6.1986 had held negligence of the petitioner in driving the bus and had further held that the accident resulting in two deaths and rendering two others injured, was occasioned because of such negligent driving of the bus by the petitioner. The employer of the petitioner, pursuant to Award of the Tribunal had to pay an amount of Rs. 3,10,427.95p.

(3.) IN reply (Annexure P -2) to the show cause notice submitted by the petitioner, liability to pay had been denied. Reference was also made to Section 146 of the Motor Vehicles Act, 1988 (in short, the Act).