H.R.T.C. Vs. OM PRAKASH

JUDGEMENT

(1.) All these appeals arise out of the same accident and since a similar question is involved, they are being decided by a common judgment.

(2.) Briefly, the case is that Bus No HIK 3227, driven by Kehar Singh and conducted by Ajeet Singh, left Pathankot bus stand on 20 -5 -1988. After just crossing Chakki Bridge, a bomb which was lying hidden in the bus, exploded, causing injuries to some and proving fatal to others travel ling in the bus.

(3.) Consequently, the heirs of the deceased and the victims of the blast preferred claim petitions before the Motor Accident Claims Tribunal (I), Kangra Division. Among other things, it has been stated that the bus was stationed at Bus -Stand, Pathankot which is a disturbed area and is hot with terrorist activities. Number of attempts had been made by the terrorists to attack Himachal Road Transport Corporation (hereafter HRTC) buses in the area of Punjab. However, nothing was done to safeguard the vehicles in this area and this bus was not attended by any Guard and the Conductor and the bus driver were not present in the bus for sufficient long time and no checking of passengers coming into and going out of the bus was done. The negligence of both, the Conductor and the driver has been pointed out to the extent that they allowed the bus to remain unattended in a disturbed area that was prone co serious terrorist activities and did not care to even check the luggage and passengers before starting the bus from the bus -stand. The HRTC., its driver and Conductor bad been quite reckless and negligent in attending to the bus and looking -after the safety of passengers with the result that someone planted the material inside the bus which exploded and caused fatal injuries to some and personal injuries to others on account of the use of the motor vehicle in question.