NATIONAL INSURANCE COMPANY LIMITED Vs. JATINDER SINGH

JUDGEMENT

(1.) VIDE this judgment I intend to dispose of aforementioned two appeals bearing FAO No.2268 of 2000 titled as National Insurance Company Limited vs. Jatinder Singh and others and FAO No.1144 of 2001 titled as Jatinder Singh vs. Arvinder Pal Singh and others. As both these appeals have arisen out of the same Award, for convenience, facts are being taken from FAO No.2268 of 2000. Briefly stated, Jatinder Pal Singh filed claim petition claiming compensation of Rs.20 lacs on account of the injuries sustained by him in a motor vehicular accident on 14.11.1997.

(2.) IT was pleaded that the claimant was employed with M/s Vicky Travellors owned by Arvinder Pal Singh respondent No.1 as conductor. In the course of employment, he had gone to Katra with a group of students in a bus bearing No. DL -IP -0914. Amarjit Singh respondent No.3 was the driver of the said bus. On 14.11.1997 claimant was returning to Ambala in the above said bus. Amarjit Singh was driving the said bus in a rash and negligent manner and at a very high speed. The claimant advised him not to drive the bus rashly and negligently but in vein and the said bus fell in a khud in the area of village Milawan, District Kangra. The accident has taken place due to rash and negligent driving of offending bus driven by Amarjit Singh.

(3.) THE claimant was extricated from the remains of the bus by Sh. P.S. Kahlon, Advocate, who happened to pass that area at the relevant time.