PARAMJIT KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the award dated October 4, 1993, of the Motor Accidents Claims Tribunals, whereby the claimants' claim for awarding compensation on account of death of Buta Singh is dismissed.

(2.) PARAMJIT Kaur is the widow of Buta Singh and claimants 2 to 5 are the children of deceased Buta Singh. These claimants filed Claim petition No. 11 of 1991 before the Motor Accidents Claims Tribunal, Patiala, alleging that Buta Singh was discharging the duty of conductor on Bus No. HR-07-2815 on June 8, 1991, which was being driven by Gurdev Singh respondent No. 3. This bus belongs to Haryana Roadways, Kurukshetra Depot. On the fateful day it was going from Delhi to Amritsar, carrying a number of passengers. When the bus reached in the area of village Bhat Majra, another Bus No. PAB-8558 came from Sirhind side. Gurdev Singh respondent was driving this Bus No. HR-07-2815 rashly and negligently and at a very fast speed. He dashed his bus against the right side of Bus No. PAB-8558. As a result of this impact, Gurdev Singh's bus went to the right side of the G. T. road and hit against Sheesham trees. As a result of this accident, 15 passengers including the conductor died on the spot and few others sustained injuries. On that very day FIR No. 81 was lodged with the police. Claimants claimed compensation for the death of Buta Singh against the respondents.

(3.) PARAMJIT Kaur examined herself. It was not disputed that Buta Singh died in this accident, but the manner of accident could not be proved by the claimants as at the time of accident they were not travelling in the said bus. They only filed copy of the FIR. About the accident only respondent-Gurdev Singh examined himself. The Claims Tribunal held that the claimants have failed to prove that the accident has occurred as a result of rash and negligent driving of either of these two buses. Thus, their claim petition was dismissed.