KISHNA RAM ALIAS KRISHNA RAM Vs. AVTAR SINGH

JUDGEMENT

(1.) Petitioner/claimant Kishna Ram alias Krishna Ram son of Amru, resident of village Jeewanpur Gujran, Tehsil Garhshankar, District Hoshiarpur through his brother Mohinder Pal had filed a claim petition under Sec. 166 of the Motor Vehicles Act against respondents i.e. Avtar Singh - driver (respondent No.1), General Manager, Punjab Roadways, Hoshiarpur, State of Punjab through Secretary Transport Secretariat, Chandigarh - owners of bus No.PB12-8405 (respondents No.2 and 3) as well as Tarsem Singh - driver and M/s Kartar Bus Service - owners (respondents No.4 and 5) and National Insurance Company Limited - insurer of bus No.PB-08-J-9851 (respondent No.6) claiming compensation on account of suffering injuries in the road side accident.

(2.) Briefly stated, facts of the case as set up in the claim petition are that on 4.6.1998 petitioner/claimant along with his wife Chhindo had boarded bus No.PB-12-8405 of Punjab Roadways, Hoshiarpur for going to village Herian via Hoshiarpur; that respondent No.1 - Avtar Singh was driving that bus in a very rash and negligent manner; that at about 3:30 p.m. when the bus reached in the area of village Dohlron on Garhshankar-Hoshiarpur road then a bus bearing No.PB08-J-9851 belonging to M/s Kartar Bus Service, Jalandhar came from the opposite side; that Avtar Singh driving bus No.PB-12-8405 on account of excessive speed could not control his bus and by going on wrong side of the road hit against bus No.PB-08-J-9851, which was going on its correct side, thereafter the Punjab Roadways bus struck against a SHISHAM tree; that the persons travelling in the bus received multiple injuries, which included the claimant and his wife; that they were removed to Civil Hospital, Mahilpur from there the claimant and his wife were referred to Civil Hospital, Hoshiarpur on the same day; that formal FIR regarding the accident was registered. The petitioner/claimant by way of filing the present claim petition prayed for grant of compensation of Rs. 10 lacs.

(3.) Notice of the claim petition was given to respondents, who put in appearance. Respondent No.1 in the written reply filed by him took up preliminary objections that petition is not maintainable and Mohinder Pal has no locus standi to file the present petition. According to this respondent, he was driving the bus at a very normal speed, whereas respondent No.4 - Tarsem Singh was driving the private bus belonging to M/s Kartar Bus Service, Jalandhar in a very rash and negligent manner and by bringing the bus on the wrong side struck against Punjab Roadways bus driven by him.