URMILA Vs. PUNJAB STATE

JUDGEMENT

(1.) This appeal has been preferred by the claimants-appellants against the award dated 01.08.1996 passed by the Motor Accident Claims Tribunal, Amritsar (for brevity 'the Tribunal') whereby their claim petition has been dismissed. Briefly the facts are that an accident took place on 11.02.1993 between Punjab Roadways Bus No. PB 32-A 9922 and Truck No. PB 02-B 9591 in the area of village Khara (Amritsar). In the accident Pritam Kumar, who was driving the bus and also Balwinder Singh who was driving the truck died.

(2.) Sukhraj Kaur and Charan Kaur, legal heirs of Balwinder Singh filed a claim petition on 20.03.1993 claiming compensation for death of Balwinder Singh. In this claim petition, the present appellants were not impleaded as party. The claim petition filed by the heirs of truck driver was decided on 28.04.1995 holding that death has been caused by the negligence of the bus driver. It was held that bus owner had failed to produce the conductor, who was the best person to depose about the cause of the accident.

(3.) The present appellants had also filed claim petition on 15.06.1993, claiming that accident had occurred due to rash and negligent driving of truck No. PB 02 9591 by its driver Balwinder Singh. In the said claim petition, they also produced eye witnesses Inspector Yash Pal AW-2 and Baldev Singh Conductor AW-3. The owners of the truck as also the Insurance Company with which the truck was insured and Punjab State, the owner of the bus were impleaded as respondents. Though the respondents had appeared and filed their written statement but none of them pleaded that any claim petition filed by heirs of the Truck driver was pending.