RACHHPAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS order shall dispose of Civil Revision No. 203 of 1991 Rachhpal Singh v. Union of India and Ors. and Civil Revision No. 204 of 1991 Jaswant Kaur v. Union of India and Ors. as common questions of law and facts are involved in both the cases. The difference of facts is stated in the next paragraph No. 2.

(2.) AN accident took place on 14. 1. 89 in the area of village Pandori between bus bearing registration No. PAB 6118 and a railway train. In Civil Revision No. 203 of 1991 Rachhpal Singh who was travelling in the bus filed a claim application for compensation of Rs. 4 lacs in respect of the injuries suffered by him in the accident. In Civil Revision Jaswant Kaur mother of deceased Harjap Singh claiming compensation of Rs. 4 lacs in respect of death of Harjap Singh who was also in the same bus.

(3.) IT was pleaded in the application that the bus involved in the accident was being driven by the driver at a normal speed and the accident took place due to negligence and rashness of the driver of the engine of the train as he did not blow the whistle at the time of crossing unmanned gate. It was also pleaded in the application that the bus conductor and some other passenger received injuries.