UMESH KUMAR Vs. HARYANA STATE

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of compensation.

(2.) ASHI, wife of Umesh Kumar and mother of the remaining appellants, died on account of accident on 5. 9. 1982. It is the case of the appellants that Umesh Kumar along with his wife (now deceased), his minor sons and his brother was travelling in a Haryana Roadways bus bearing No. HYK 1817. They boarded the bus from Delhi for Kaithal. The bus was being driven in a rash and negligent manner by Tara Chand, driver. Another bus bearing No. PUQ 4628 which was coming from Kaithal side was too being driven in a rash and negligent manner. The drivers of both the vehicles did not take appropriate steps to control the speed of their respective vehicles and so met with a head-on collision on account of which many passengers died and many others received multiple injuries. The claimants in the present case laid claim for a sum of Rs. 1,00,000/- on account of the death of Ashi.

(3.) THIS claim was resisted by respondent Nos. 1 and 2 who placed the whole burden upon the driver of Punjab Roadways bus No. PUQ 4628. Respondent Nos. 3 and 4 in turn placed the whole burden upon the driver of bus No. HYK 1817. On the pleadings of the parties, following issues were framed: