OM PARKASH Vs. MEHAR CHAND

JUDGEMENT

(1.) THIS order shall dispose of the three appeals mentioned above as they arise out of common award passed by the learned Motor Accident Claims Tribunal, (Fast Track Court), Ambala (for short the Tribunal). FAO No. 1516 of 2004

(2.) DECEASED claimant Smt. Kamlesh along with other injured claimants were travelling by Bus No. HR-06PA-0441 from Karnal to Ambala. At about 6.30 p.m., when the bus reached near Tarawari District Karnal a tractor bearing registration No. HR-02A-9138 loaded with paddy driven rashly and negligently in a zig zag manner at a high speed by the driver of the tractor came from the opposite side i.e. Ambala side and hit against the bus, as a result whereof passengers of the bus suffered injuries. The driver of the bus also expired on account of injuries suffered by him in the accident. The claimants claimed that the accident had occurred due to the negligence of both the drivers i.e. the driver of the bus and that of the tractor.

(3.) LEARNED tribunal held that the accident had occurred due to the contributory negligence of the bus driver as well as the driver of the tractor and it was held that the bus as well as the tractor were insured with Oriental Insurance Company.