KAILASH WATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THESE four appeals arise out of four claims petitions under Section 110-A of the Motor Vehicles Act disposed of by the Motor Accident Claims Tribunal, Mahasu and Kinnaur Districts at Kelleston, Simla by a single judgment, dated 31st August, 1971.

(2.) THE undisputed facts of the cases are that on 28th October, 1969 the Haryana Roadways Bus No. HRA-1243 left Chandigarh at about 2-10 P.M. for Kasauli, Shri Anand Kumar, a second year Law student, Shri Ajesh Kashyap, a third year Chemical Engineering Student, Shri Ravi Datta, a Forest Guard and his brother Shri Bishan Datt boarded the bus. When the bus reached near village Jabli, 17 miles towards the West of Police Station, Solan, i.e., at 73 milestone, the front wheel tyre of the right side of the bus burst and the driver who was driving the bus negligently and rashly could not control the bus with the result that it rolled down in the Khud at a distance of about 450 feet from the road. Sarvshri Anand Kumar and Ajesh Kashyap who were 21 and 21= years of ages, respectively, sustained multiple injuries resulting in their instantaneous death. Shri Ravi Datt also sustained multiple injuries of a serious nature resulting in the fracture of his leg and he remained in the hospital for about three months and in order to save his life, the right leg which had been fractured and in which gangrenous limb had developed had to be amputated and therefore, he was physically rendered incapacitated for service as a result of which he was retired on pension. Shri Bishan Datt also sustained some injuries but not of very serious nature and he remained in the hospital for about three days and then he was discharged.

(3.) SHRI Ravi Datt filed his claim petition No. 21-M/2 of 1969 for a compensation of rupees one lac and Shri Bishan Datt filed his claim application No. 27-M/2 of 1969 for a compensation of rupees twenty thousand.