HIMACHAL ROAD TRANSPORT Vs. RAJINDER LAL

JUDGEMENT

(1.) BY this judgment, we are disposing of three Leters Patent Appeals Nos. 3 of 1982, 4 of 1982 and 5 of 1982. All these appeals arise out of a single judgment and one accident of Bus No. HPC-I83 on 18-7-1974.

(2.) BRIEFLY the facts are that Bus No. HPC-183 was being driven from Chamba to Pathankot with 19 passengers, by the Driver Shri Puran Chand (now deceased). It met with an accident at about 4-15 P.M. on 18-7-1974 at a place about one and half kms from. 'Daredda' when it rolled down into a khud. Several passengers who were travelling in the bus were injured or killed. Shri Puran Chand driver, was also killed. One Ved Parkash (passenger) also died on the spot as a result of the injuries received by him in the accident. Rajinder Lal and Mohiader Lal, were also passengers is the bus aad they also received various iajuries and were hospitalized.

(3.) MOHINDER Lal filed aa applicatioa (M.A.C.T. No. 17 of 1974) claiming Rs. 30,000/- as compensation and Rajinder Lai also filed an application (M.A.C.T. case No. 18 of 1974) claiming Rs. 50,000/- as compensation. All the above mentioned petitioners (hereinafter the respondents) have alleged that the accident was due to rash and negligent driving of the vehicle by Puran Chand, driver.