PUNJAB ROADWAYS Vs. DHANNU RAM

JUDGEMENT

(1.) The present appeal is by the State of Punjab challenging award dated 29.7.1988 passed by the Motor Accident Claims Tribunal, Hoshiarpur qua claimant Dhanna Ram only (respondent herein).

(2.) Briefly, the facts of the case are that on 14.10.1987, claimant-respondent Dhannu Ram boarded Punjab Roadways bus bearing registration No. PBQ-4509 for going to his village Chandiani. In the said bus, claimant Neelam along with her mother Palwinder Kaur was also travelling. It is stated that the said bus, which was being driven by Major Singh driver was not being driven in a normal way and the said driver appeared to be in a drunken condition. It is further stated that generally the bus would not have slopped at Village Majri for a long time but on that date the driver stopped there for about 20 minutes and had liquor with some of his friends. Thereafter, he drove the bus and when the bus reached near the turn leading to Village Sahiba, a Swaraj Mazda four wheeler came from the opposite direction. As the driver of the bus could not control the bus so as to give sufficient space to the said four-wheeler to pass on, there was collusion between the two vehicles. It is stated that due to this mishap, claimants Dhannu Ram and Neelam lost their right arm at that point of time while certain passengers received injuries. It is thus, stated that the accident took place due to rash and negligent driving of bus by Major Singh driver.

(3.) As a result of the above accident, claimants Dhannu Ram and Neelam filed their respective claim petition before the Motor Accident Claims Tribunal. Hoshiarpur, claiming compensation on account of injuries sustained by them in the accident.