THE STATE OF PUNJAB Vs. H.L. KOCHHAR

JUDGEMENT

(1.) THIS judgment will dispose of F.A.Os. Nos. 47, 49, 50, 51, 52, and 53 since common questions of law and fact are involved.

(2.) THE State of Punjab owns Punjab Roadways. They run passenger buses on Simla -Kalka Highway. On 29th May, 1975, passenger bus having registration No. PUR 1995 left Simla at about 7 A.M. for Chandigarh. The bus stopped at Waknaghat, lifted some passengers and went ahead. After travelling a distance of about 200 metres, the bus went off the road and rolled down into the khad. Some of the passengers died while some received injuries.

(3.) THE Petitioners claimed various compensation amounts. It was averred that the accident took place due to the rash or negligent driving of Surinder Singh driver. These petitions were resisted. It was inter -alia averred that the accident occurred due to "sudden defect in the machinery, the steering got jammed and the bus went on the wrong side and because of the defective road the Bus stuck -down and could not be controlled inspite of the best efforts of the driver as a result the bus rolled into the khud.