SUSHMA SAHNI Vs. BOINDER NATH NAKSHI

JUDGEMENT

(1.) THIS appeal has been filed against the award dated 17.2.1995 passed by Motor Accident Claims Tribunal (Tribunal for short), Ambala. Vide the said award, the Tribunal decided two petitions, i.e. MACT case No.296 of 1992 and MACT case No.105 of 1993. The first petition was filed by the present appellants for the death of Vipin Kumar Sahni.

(2.) THE appellants had filed the petition alleging that the deceased was going from Parwanoo to Narwana and was driving truck No.HRM -5154. At about 5.45 a.m. on 24.10.1992, when he crossed Chandimandir Railway Station, i.e. on Kalka -Ambala road, bus No.HYA -5278 came from the opposite side which was being driven in a rash and negligent manner by respondent No.1. In the process of overtaking the truck, the bus hit the side of the truck being driven by the deceased and the latter fell on the road and succumbed to his injuries there and then. Respondent No.1 and some passengers of the bus also received injuries. The truck was badly damaged. Postmortem of Vipin Kumar Sahni was conducted at Civil Hospital, Kalka and a criminal case was registered against respondent No.1 in Police Station Chandimandir.

(3.) THE Tribunal framed the following issues in the petition filed by the present appellant: -