GURJEET SINGH (MINOR) Vs. JAGIR SINGH AND ANOTHER

JUDGEMENT

(1.) The claim in appeal here is for enhanced compensation.

(2.) Several passengers sustained injuries and a four - Month old infant - Kaka - was killed when the Pepsu Road Transport Corporation Bus PUP - 2643, they wee travelling - in, went off the road and over - turned. This happened on July 6, 1977 at about 11 A.M. On Jullundur - Amritsar Road. It was the finding of the Tribunal that the accident occurred due to the rash and negligent driving of the bus PUP - 2643 as also that of the bus coming from the opposite direction and that both the bus - Drivers were thus equally to blame. Where the Tribunal thereafter fell in error was, in construing this finding to limit compensation payable to the claimants by the Pepsu Road Transport Corporation and its bus - driver to only half the amount, they were entitled to.

(3.) In a case like the present, both the offending bus-drivers would be joint tort-feasors and it was consequently open to the claimants to recover the entire compensation from both or either of the bus-drivers. In other words, there was no warrant for any reduction in the compensation payable to the claimants merely on the ground that the accident had been caused by the negligence of both the bus-drivers. Otherwise too, the compensation awarded was wholly inadequate, considering the nature and extent of the injuries suffered by the claimants and the expenses incurred by them on their treatment. the compensation awarded to injured claimant-Gurjit Singh being only Rs. 450/-. In the case of Sarup Singh, it was Rs. 200/- and Rs. 675/- were awarded to the claimant Simrat Kaur. Lakhbir kaur, on the other hand, was not held entitled to any compensation. As regards the infant - Kaka -, the amount awarded to the parents was only Rs. 100/-.