SANDEEP Vs. SMT. JAGMATI AND OTHERS

JUDGEMENT

(1.) This judgment shall dispose of FAO Nos.3160 (O&M), 3161 (O&M), 3768, 3769, 4307 (O&M), 4807, 4976 and 4977 of 2011 as all of them arise out of the accident dated 22.08.2009 resulting in death of Satpal Singh Dahiya and his sister, namely, Shakuntla.

(2.) On 22.08.2009, Satpal Singh Dahiya was riding a motor-cycle from Safidon to Jind and his sister-Shakuntla was pillion rider. At about 02.15 p.m., when he reached the turn of village Sunderpur, bus bearing Registration No. HR-56-1925 was coming from Jind side and was being driven rashly and negligently. It came on to the wrong side of the road and struck the motor-cycle. Shakuntla died on the spot, whereas Satpal Singh Dahiya succumbed to his injuries after some time in the General Hospital, Jind. Two separate claim petitions have been filed, one each, by the legal heirs of Satpal Singh Dahiya and Shakuntla.

(3.) The facts relevant for the purposes of deciding these appeals are that as per the claimants, the accident was caused because respondent Nos.5 to 7, who were passengers in the offending bus, wanted the driver of the bus to stop the vehicle at an un-scheduled stop and on his refusal to do so, there was an altercation, during which the driver lost control of the bus resulting in the accident. On the other hand, respondent Nos.5 to 7 denied this story and pleaded that they were not at fault. Respondent No.1 (driver of the bus) also pleaded that respondent Nos.5 and 7 were equally responsible for the accident on account of their riotous conduct. So far as, the deceased are concerned, Satpal Singh Dahiya was working as a building contractor apart from being employed in Jind Cooperative L and C Society Limited and was 39 years of age. Shakuntla, on the other hand, was a house-wife.