H.R.T.C. Vs. BIMLA DEVI

JUDGEMENT

(1.) The award made by learned Motor Accident Claims Tribunal (II), Sirmaur District Camp at Solan, Himachal Pradesh is under challenge in this appeal and cross -objections.

(2.) Sunil Kumar son of respondent -Manohar Lai, a student of class VIII, died in an unfortunate motor accident, which took place at Village Salogra of Tehsil and District Solan on 13.8.1991. At the relevant time, Sunil Kumar (deceased) was travelling in bus No. HP -18 -3501. When this bus arrived at Salora, it was stopped for passengers to alight. When Sunil Kumar was alighting from the bus, its driver suddenly, un -mindful of the fact that passengers were getting down from the bus, started the bus. Sunil Kumar fell down and was crushed under the tyres. He was shifted to the hospital at Solan where he succumbed to the injuries.

(3.) The bus is owned by the Himachal Pradesh Road Transport Corporation -respondent No. 1. Respondent No. 2 is the Regional Manager of this Corporation. The bus was being driven, at the relevant time, by Shyam Lal -respondent No. 3.