PRITHIPAL SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) BY this order four F. A. Os bearing Nos. 137 of 1985 (claim petition No. 20 of 1983) filed by Prithi Pal Singh appellant against the respondents, 174 of 1985 (claim petition No. 21 of 1983)filed by Mst. Amrit Kaur against the respondents, 173 of 1985 (Claim petition No. 22 of 1983)filed my Mst. Amrit Kaur and Prithi Pal Singh appellants against the respondents and 432 of 1985 (claim petition No. 53 of 1983) filed by Smt. Sudarshan Kaur appellant qua respondents are being decided together as they arise out of a common judgment delivered by the Claims Tribunal, Karnal as the claimants sustained injuries and lost their relatives in the accident which took place on 5. 9. 1982 near Madhuban between Punjab Roadways bus bearing No. PJQ-4628 and Haryana Roadways but bearing No. HYK-1817 (in short to be referred to as Punjab bus and Haryana bus.

(2.) APPELLANT Prithi Pal Singh claimed Rs. one lac from the respondents alleging that on the date of accident, he was travelling in Punjab bus for going to Delhi. Near Madhuban, this accident took place as Punjab bus tried to over take a tractor trolly going ahead of it. Its speed was very fast and in the attempt of over-taking, it dashed against the Haryana bus, which was coming from the opposite direction. In this accident, his son succumbed to the injuries on the spot and his wife sustained grievous injuries, her face is disfigured. He was earning Rs. 24000/- per annum. He is income-tax payee. He suffered heavily as his efficiency and earning capacity has gone down because he is under constant tension and shock after the accident. His son, after coming of age, would have helped him and he felt handicapped as he has lost his brilliant and intelligent son.

(3.) THE Punjab State also controverted all these pleas of the claimants and contended that this accident took place because the Haryana bus had gone to the wrong side. Hence, the Punjab Government is not liable to pay anything. The Punjab bus was being driven at a normal speed, but Haryana bus was coming from the opposite direction and suddenly, its front first tyre got bursted. The Punjab bus driver immediately took his bus to the extreme left side of the road, but still Haryana bus, as it has gone out of control, came on the wrong side of the road, and hit the Punjab bus. Thus, according to them, this accident took place because of the negligence of the driver of Haryana bus.