GENERAL MANAGER PUNJAB ROADWAYS Vs. SURJIT KAUR

JUDGEMENT

(1.) THIS order will dispose of FAO No. 297 of 1985 and Cross-objection No. 67-CII of 1985. Surjit Kaur and her three minor children filed a claim petition under Section 110-A of the Motor Vehicles Act for the grant of compensation in the sum of Rs. 2 lacs on account of death of her husband, Balbir Singh. On October 23, 1983 Balbir Singh was driving Punjab Roadways Bus No. PJG 1306 from Chandigarh to Rupnagar, when it met with an accident at about 7. 30 p. m. on Kharar-Kurali Road. As a result of the accident, Balbir Singh, driver died. The Bus driven by Balbir Singh was hit by another Bus No. PBN 1125, driven by Darshan Singh, driver, belonging to the Punjab Roadways, Batala Depot, Batala. The further allegation is that Darshan Singh was driving his bus rashly and negligently and as a result struck against Bus No. PJG 1306 and drivers of both the buses died. Balbir Singh died at the spot, whereas Darshan Singh succumbed to his injuries later, Surjit Kaur being the widow of deceased Balbir Singh alongwith her two minor daughters and a minor son filed this petition claiming the compensation on account of the death of Balbir Singh, aged 35 years.

(2.) THE claim was resisted by the appellants/respondents alleging that driver of Bus No. PBN 1125 was driving the bus with full care and caution and when he reached near the place of accident, a tractor-trolley being driven rashly and negligently without any front and rear lights, came from the opposite side. Bus No. PJG 1306 was also coming from Chandigarh side and the driver of the bus with a view to save the tractor-trailor turned his vehicle to the right and as a result front side of Bus No. PJG 1306 struck against Bus No. PNB 1125. It was thus alleged that the accident occurred because of the rash and negligent driving of the driver of the tractor-trailor.

(3.) THE learned Motor Accidents Claims Tribunal recorded the finding that the accident in which Balbir Singh sustained fatal injuries was caused by the rash and negligent driving of the driver of Bus No. PBN 1125 and the claimants being the widow, minor daughters and a minor son of the deceased were entitled to compensation in the sum of Rs. 1,15,200/ -. It is against this Award of the Motor Accidents Claims Tribunal, the present appeal has been filed by the respondents by contending that the claimants were not entitled to any compensation on account of the death of Balbir Singh, as it was Balbir Singh, on account of whose negligence the accident took place. Cross-objections have been filed by the claimants claiming enhanced amount of compensation.