STATE OF PUNJAB Vs. NASIB KAUR AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by the State of Punjab against the judgment and award dated 31.10.1990 passed by the learned Motor Accident Claims Tribunal, Ropar ('Tribunal' - for short) whereby compensation has been awarded to the claimants in respect of the accident that occurred between a bus of the Punjab Roadways Muktsar Depot i.e. Bus No. PJG 3426 and bus of the Chandigarh Transport Undertaking ('CTU' - for short) i.e. Bus No. CHW 8928 on 28.1.1988 at 8.15 a.m. on the Chandigarh Kharar road near Old Fort. In terms of the impugned award, six claim petitions filed by the claimants who were the victims of the accident, were disposed of. Four claim petitions were filed on account of the death of three bus passengers and one pedestrian, besides, two cases were filed for claiming damages for personal injuries suffered by the passengers.

(2.) The accident had occurred on the Chandigarh Kharar road near old fort on 28.1.1988 at 8.15 a.m. between a bus of the Punjab Roadways No. PJG 3426 which was approaching Kharar and bus of the CTU bearing No. CHW 8928 which was coming from the side of Kharar. Both the buses collided against each other. This resulted in death of Joginder Singh, a pedestrian on whose behalf Nasib Kaur (respondent No.1) filed a claim petition. Besides, three passengers of the Punjab Roadways bus namely Surjit Singh, Sudershan Kumar Tara and Nirmal Singh died in the accident. Their respective heirs claimed compensation for their demise. Injuries were suffered by Raj Kumar Arora and Naresh Kumar who were passengers of the Punjab Roadways bus. They claimed compensation for the injuries suffered by them. None of the passengers of the CTU bus received any injury.

(3.) According to the claimants, the CTU bus which was coming from the side of Kharar was trying to overtake a truck, due to which it came on the wrong side of the Punjab Roadways bus and as it came on the wrong side, both the buses collided against each other. Due to collision, the Punjab Roadways bus hit a tree and over-turned on its right side. The CTU bus was being driven in a rash and negligent manner and while overtaking the truck, it hit into the Punjab Roadways bus which too was being driven at a fast speed. It was pleaded that the accident had occurred on account of negligence of both the drivers of their respective buses and were liable for their composite negligence. The learned Tribunal awarded compensation in all the six cases which was ordered to be paid by the CTU and the Punjab Roadways, Muktsar in equal share.