MANJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this judgment FAO Nos. 640 and 1094 of 1995 are being decided as they are preferred against the same award passed by the Claims Tribunal on January 17, 1994, in connection with claim petition No. 19 of 1993 filed by Smt. Manjit Kaur, Miss Kanwaljit Kaur, and Gurdeep Singh against the State of Punjab, General Manager, Punjab Roadways, Amritsar, and Kartar Singh driver.

(2.) THE backdrop of the case is that the aforementioned claimants filed a claim petition under Section 166 of the Motor Vehicles Act alleging that claimant No. 1 is the widow of Gyani Tejinder Singh and claimants 2 and 3 are their children. On October 19, 1992, Gyani Tejinder Singh started from his house to reach his office and boarded Punjab Roadways bus No. PJG-443 near Ranjit Avenue, Amritsar. Manmohan Singh Khanna, Prof. Mukhtiar Singh and Avtar Singh also boarded this bus from Ranjit Avenue. The bus reached Bus Stand, Amritsar. Passengers started alighting therefrom. At about 9 A. M. the deceased was also alighting from the bus when the driver of the bus Kartar Singh drove the bus rashly and negligently. The deceased fell down from the bus and was dragged by the wheels. He sustained various injuries and became unconscious. Avtar Singh took him to Hartej Nursing Home. The doctor gave him first aid and referred him to Kakkar Hospital, Amritsar. Thereafter Tejinder Singh was admitted in Kakkar Hospital on October 19, 1992. He remained in this hospital till October 21, 1992, and was subjected to two operations. His condition did not improve. Even after coming back home, he was continuously taking treatment. The claimants spent Rs. 85,000/- on his treatment. He succumbed to the injuries sustained by him in this accident on January 5, 1993.

(3.) THE State of Punjab filed written statement, denied all the allegations made in the claim petition and also raised a preliminary objection that the claim petition is barred by limitation. It was specifically admitted that on November 19, 1992, the said bus came from Ajnala to Amritsar. It was being driven by Kartar Singh respondent, but this bus did not stop at Ranjit Avenue. No passenger boarded the bus at that place. It was also denied that the claimants are the legal representatives of deceased Gyani Tejinder Singh and are entitled to get compensation. Issues were framed. Parties adduced their evidence.