ASHOK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this single judgment, I shall dispose of FAO Nos.1740 and 1744 to 1747 of 2000, arising out of the same Award dated 22.10.1998 passed by the Motor Accident Claims Tribunal, Rupnagar (for brevity 'the Tribunal').

(2.) THE brief facts of the case are that on 20.09.1996, Onkar Singh while driving the scooter bearing registration No.PB -12B -3393 was going from Ropar to village Bhowal. His wife Sudesh Rani (aged about 34 years), three minor children, namely Minu @ Monika (aged about 6 years), Ekta (aged about 3 years), Priti (aged about 2 years) along with Kamaljeet Kaur wife of Onkar Singh were riding the same scooter. The scooter was being driven with due care and caution. At about 12.000 noon, when the scooter reached near village Siana at Balachaur -Garshankar road, a bus bearing registration No.PB -12A - 8424 being driven by respondent No.3 -Karam Singh at a high speed and in rash and negligent manner came from Garshankar side and while coming on the wrong side of the road struck against the scooter. As a result of the accident, Sudesh Rani and Priti died at the spot whereas other pillion riders received multiple injuries. On account of death of Sudesh Rani, Ashok Kumar and on account of death of Priti, Onkar Singh filed a claim petition whereas the injured also filed their separate claim petitions. Respondent Nos.1 and 2 in the written statement admitted the accident but denied that it took place due to negligence of the driver of the bus. It was stated that bus was being driven at normal speed and the accident took place when the scooter coming from the rear side had struck the bus. It was pleaded that the accident took place due to negligence of the driver of the scooter, namely, Onkar Singh.

(3.) RESPONDENT No.3 in his support by filing separate written statement, took the similar stand and stated that the scooter was carrying more than six persons apart from the driver. The scooterist was unable to control the scooter and struck the back portion of the bus. From the pleadings, the following issues were framed: