UNITED INDIA INSURANCE CO LTD Vs. LAIQ RAM

JUDGEMENT

(1.) The abovenoted seventeen appeals arising out of the award dated 31.8.1998 of the learned Motor Accidents Claims Tribunal (II), Shimla (for short 'the Tribunal') are being disposed of by this single judgment as the questions involved therein are the same.

(2.) Appellant in all the appeals is United India Insurance Co. Ltd. (hereinafter referred to as 'the insurer'). Respondent Ex Soldiers Motor Transport Company is the owner of bus No. UGA 8845 (hereinafter referred to as 'the owner').

(3.) On 19.1.1993 the above said bus was on its way to Nerwa in Tehsil Chopal of District Shimla from Ataal (UP). At about 8.15 p.m. when bus reached near Bathal, the driver, who was driving the bus in a rash and negligent manner, lost control over the bus as a result it went off the road and rolled down into river Salvi resulting in the death of all the passengers therein and the driver, save and except PW 1.