AMARJIT KAUR BHATTI Vs. KASHMIRI LAL

JUDGEMENT

(1.) THIS order shall dispose of FAO Nos. 489 of 1987 titled as New India Assurance co. Ltd. v. Dr. Mrs. Amarjit Kaur Bhatti and others, 490 of 1987 titled as New India Assurance Co. Ltd. v. Smt. Parkash Kaur and others and FAO No. 241 of 1987 titled as Dr. Mrs. Amarjit Kaur Bhatti v. Kashmiri Lal and others, as they arise out of the same motor vehicular accident. FAO No. 241 of 1987

(2.) THE claimant - Dr. Mrs. Amarjit Kaur Bhatti alongwith Baldev Singh, Smt. Raj Kumari, was travelling on 16-8-1983 in jeep bearing registration No. PJF-941 in connection with the official duty and they were proceedings towards Moga. The jeep was being driven by Harbans Singh. When the jeep reached a little ahead of Petrol Pump, bus No. PNB 7288 driven by Kashmiri Lal belonging to State Transport Company Pvt. Ltd., came at a very high speed and struck against the jeep resulting in the death of Harbans Singh, driver of the jeep and simultaneously claimant - Dr. Mrs. Amarjit Kaur suffered multiple injuries. The other companions also suffered injuries. It was claimed that the accident had occurred due to rash and negligent driving of the bus by Kashmiri Lal, respondent No. 1.

(3.) THE claim petition was contested by the respondents and it was claimed that the accident had taken place due to rash and negligent driving of the jeep which was being driven by Harbans Singh and, therefore, the respondents were not liable to pay amount of compensation.