KRISHNA Vs. HIMACHAL PRADESH PUBLIC WORKS

JUDGEMENT

(1.) WE propose to decide both these appeals (F.A.O. No. 100 of 1984, Krishna v. Himachal Pradesh Public Works Department and F.A.O. No. 101 of 1984, Himachal Pradesh Public Works Department v. Krishna by a common judgment since they arise out of the same accident between the same parties.

(2.) THE deceased was talking to a passenger of stationary bus at Theog Bus Stand on 16.10.1982. Truck No. HPS 3890 of the Himachal Pradesh Public Works Department (hereafter HP PWD) came from Matiana side. It was being driven rashly and negligently and crushed the deceased. He was shifted to Civil Hospital, Theog, where he died soon thereafter. According to the claimants, the accident is attributable to the negligence of the driver of the truck, an employee of the HP PWD. At the time of accident, the deceased was 40 years old and was serving as Veterinary Assistant Surgeon in the Veterinary Hospital, Matiana. Compensation to the extent of Rs. 9,00,000/- has been claimed.

(3.) ON the pleadings of the parties, the Tribunal framed the following issues: