SUNITA RANI Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This order will dispose of FAO Nos. 3567 and 4911 of 2009 as these have emerged out of the same award dated 7.12.2007 passed by the Motor Accidents Claims Tribunal, Amritsar (in short "the Tribunal") whereby applications for grant of compensation filed by Sunita Rani in regard to death of Anil Kumar (FAO No. 3567 of 2009) and Smt. Arvinder Kaur and others on account of death of Gurcharan Singh (FAO No. 4911 of 2009) in a motor vehicular accident that took place on 2.7.2006 have been dismissed on the basis of findings recorded qua issue No. 1. For the sake of convenience, facts are taken from FAO No. 3567 of 2009.

(2.) In short, case of the claimants is that Anil Kumar son of Sunita Rani claimant was 19 years old, earning Rs. 3200/- per month by working as a labourer. On 2.7.2006, Anil Kumar alongwith Rattan Lal and some other persons was going from Amritsar to Ludhiana after paying obeisance at Golden Temple in three wheeler bearing No. PB-01-BG-9403 driven by Gurcharan Singh. At about 2-00 p.m., when three wheeler crossed chauhan drain bridge in between Jandiala and Beas on Amritsar to Jandiala road, Dalbir Singh respondent No. 3 came driving bus No. PB-02-B-9913 in a rash and negligent manner from opposite side and struck against three wheeler by bringing the bus on extreme wrong side of the road on kacha berm. Occupants of the three wheeler sustained injuries and three wheeler was extensively damaged. The bus turned turtle in the pits. Gurcharan Singh, driver of the three wheeler died at the spot and occupants of the three wheeler were sent to hospital. Anil Kumar was taken to PHC, Manawala, District Amritsar and succumbed to injuries received in the accident.

(3.) Respondent Nos. 1 and 2 filed their joint reply and, in turn, resisted claim of the applicants that accident took place due to rash and negligent driving of offending bus. It is averred that the bus was driven by its driver at normal speed. Three wheeler was having more passengers than seating capacity. Two persons were sitting on the right and left side of driver of three wheeler, therefore, movement of the driver was congested and he had no effective control over steering wheel of three wheeler. The driver of three wheeler lost control over the vehicle and suddenly came in front of the offending bus. The driver took the bus on extreme left side on kacha berm of the road and applied brakes effectively but three wheeler struck on the right front of the bus which fell into ditches on left side of the road. It is alleged that accident took place due to rash and negligent driving of three wheeler by its driver and there is no fault on the part of bus driver.