H.R.T.C. Vs. INDER SINGH SARAIK

JUDGEMENT

(1.) Admitted facts of this case are that Bus Bearing Registration No. HIS-1721 met with an accident at a place known as Baghar Kainchi when it was on way from Kiari via Kotkhai to Shimla. Besides other, Chander Mohan, aged 35 years was one of the passengers. He had boarded the bus in Koti Bani for coming to Kotkhai. As a result of this accident, he died at the spot. Though he was brought to Community Health Centre at Kotkhai, but nothing could be done.

(2.) Inder Singh Saraik is his father. He died during the pendency of these appeals before this Court. By separate order of the day passed in both these appeals, at the request of learned Counsel, his name was ordered to be deleted from the array of parties. Claimants No. 2 to 5, according to the learned Counsel for parties, could represent the estate of the deceased so far these appeals are concerned.

(3.) In the aforesaid background of admitted facts, claim petition was filed under Section 166 of the Motor Accident Vehicles Act, 1988 (hereinafter referred to as "the Act"), by Inder Singh Saraik, Savitri Devi being parents, Smt. Sudershana Devi widow, Sumeet and Amit minor sons, of the deceased, (hereinafter referred to as "the claimants)". According to them, accident was the result of rash and negligent driving of the driver Bhag Mal of the ill-fated bus. They claimed compensation to the tune of Rs. 15,00,000/-.