STATE OF PUNJAB Vs. S. PRITAM SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order of the Motor Accidents Claims Tribunal dated November 26, 1984, whereby respondents 1 and 2 have been awarded a compensation of Rs. 3,84,000/- for the death of their son Jaspal Singh who while driving car bearing registration No. PUK 6 died in a road accident with a Punjab Roadways bus.

(2.) THE facts as emerge from the record are that on October 22, 1983, Jaspal Singh was driving Car No. PUK-6 and was on his way from Moga to Chandigarh. Four other persons, namely, Smt. Dhan Kaur (PW1), Rajinder Singh (PW2), Lal Singh and Joginder Singh were also travelling in the said car. When the car reached near village Gharaun, a Punjab Roadways bus bearing registration No. PJA-926 came from the opposite side at a very high speed and struck into the car in its right hand side. As a result of this ghastly accident, Jaspal Singh and Lal Singh died at the spot whereas Joginder Singh died later in the hospital. The car was completely damaged.

(3.) THE stand taken by the appellants and respondent No. 3, the driver before the Tribunal was that the bus was being driven at a normal speed but suddenly right front wheel of the bus burst and the bus could not be controlled which struck against the car coming from the opposite side with a very high speed. According to the respondents, the accident had taken place due to mechanical defect, bursting of tyre and rash and negligent driving of the car. After going through the pleadings of the parties, the following issues were framed by the Tribunal: