HAWA SINGH Vs. CHAND KAUR AND ORS.

JUDGEMENT

(1.) THE challenge here is to the award of a sum of Rs. 7,560/ - as compensation to the widow and minor children of Chhotu, deceased, who was killed in an accident on the Jind -Assandh Road on December 19,1975.

(2.) CHHOTU , deceased, was travelling on his camel cart when the Haryana Roadways bus HRJ 939 came from behind and hit into it. It was as a result of this accident that Chhotu died on the spot.

(3.) THE only other point sought to be urged was with regard to the liability of the bus driver. It was sought to be argued that as this accident had been caused during the course of employment of the bus driver, only the owner of the bus could be held liable and not the driver. This is indeed a contention wholly devoid of merit. The person, who actually causes an accident would always be liable for the consequences thereof. If such accident happens to be caused by an employee during the course of his employment, it would only mean that in addition to the driver, the owner too, would be liable, but this cannot by any means, absolve the driver from liability.