MALWA BUS SERVICE P LTD Vs. AMRIT KAUR

JUDGEMENT

(1.) SAMMA Singh, aged 41 years, was employed as time keeper-cum-checker with Malwa Bus Service (P.) Ltd. , Moga, appellant No. 1. On March 13, 1980, he was on duty and was travelling in bus No. PUU 1466 belonging to appellant No. 1 and driven by Malkiat Singh, appellant No. 2 on Amritsar-Ferozepur Road via Patti, when near village Kirtowal at about 5-00 p. m. , the rear portion of the bus struck against dumper No. PUA 8779 belonging to M/s. Jolly Contractors, respondent No. 7, of which Kapoor Singh respondent No. 6 was the driver. As a result of this accident, Samma Singh received grievous injuries and succumbed to the same.

(2.) A claim application under Section 110a of the Motor Vehicles Act, 1939 (for short "the Act ") before the Motor Accidents Claims Tribunal (for short "the Tribunal") was filed by Amrit Kaur, widow of Samma Singh, his two minor sons and two minor daughters who are respondents Nos. 1 to 5 herein claiming compensation from the appellants as also respondents Nos. 6 to 8 to the tune of Rs. 1,00,000 on account of the death of Samma Singh. The application was opposed by respondents Nos. 6 and 7 who in their written statements alleged that the accident had been caused due to rash and negligent driving of the bus by Malkiat Singh, appellant No. 2 and that they were not at fault. On the other hand, the appellants as also the insurance company, respondent No. 8 which is the insurer of the bus, took the stand in their respective written statements that the accident had been caused due to rash and negligent driving of the dumper by Kapoor Singh, respondent No. 6 and, therefore, he and the owner of the dumper, respondent No. 7, are liable. On the pleadings of the parties, the learned Tribunal framed the following issues: 1. Whether the petitioners are the legal heirs and dependants of Samma Singh deceased ? 2. Whether bus No. PUU-1466 was involved in accident with dumper No. PUA-8779 at 5. 00 p. m. on March 19, 1980 on the Amritsar Ferozepur Road, near village Kirtowal? If so, with whose negligence and rashness ?

(3.) IF issue No. 2 is proved, whether Samma Singh, deceased, died as a result of the injuries caused in the accident ?