AMARJIT KAUR Vs. GURBACHAN SINGH

JUDGEMENT

(1.) Briefly stated, facts of the case are that, one Dharam Pal, aged 57 years, working as a Conductor with Punjab Roadways Jalandhar-I, had died in a motor vehicular accident, which took place on 29/8/2009, in the area of bus stand, Jalandhar. That Dharam Pal deceased, was helping Gurbachan Singh driver of bus No. PB-12-C- 1990 in parking bus at counter of bus-stand Jalandhar. At that time, Bhulla Singh @ Bhola Singh driver of bus No. PB-08-BH-3451 of M/s Kartar Bus Service, Jalandhar, was also parking his bus at the counter. Both the buses were being driven in the reverse gear in a very rash and negligent manner. Due to that Dharam Pal got sandwiched between the sides of the two buses and got squeezed. Resultantly, he received serious injuries. Though he was hospitalized, but he succumbed to those injuries.

(2.) Legal Representatives of such deceased, namely, his wife Amarjit Kaur, aged 52 years and sons Jaspreet Singh and Sunpreet Singh aged 22 years and 18 years respectively, residents of Village Khun Khun Kalan, Tehsil Dasuya, District Hoshiarpur, had brought a claim petition under Sec. 166 of the Motor Vehicles Act, 1988, against respondents i.e. Gurbachan Singh, - driver, General Manager, Punjab Roadways, Jalandhar-I and State of Punjab through its Secretary, Transport, Secretariat, Chandigarh, Punjab - owners and Bhulla Singh @ Bhola Singh - driver, M/s Kartar Bus Service, Old Railway Raod, Jalandhar - owner and the Oriental Insurance Company Limited, Jalandhar - Insurer of bus No. PB-08- BH-3451, claiming compensation.

(3.) After contest, the claim petition was accepted by the Motor Accidents Claims Tribunal, (Adhoc), Fast Track Court, Hoshiarpur, vide award dtd. 23/2/2011 and compensation of Rs.3,50,000.00 alongwith interest @ 7.5% per annum from the date of filing of the claim petition, till actual realization, was passed in favour of the claimants against respondents. The liability to pay this amount was apportioned equally amongst the driver, owners of bus No. PB-12-C-1990 and driver, owner and Insurance company of bus No. PB-08-BH-3451.