NATIONAL INSURANCE CO. LTD. Vs. ISHROO DEVI

JUDGEMENT

(1.) THE aforesaid 9 appeals have been filed at the instance of National Insurance Co. Ltd. against separate awards made on 21.2.1995 by the Motor Accidents Claims Tribunal (I), Kangra at Dharamshala whereby 9 claim petitions arising out of a single accident were decided. Since common question of law and facts is involved in these appeals, hence they are being disposed of by this common judgment.

(2.) THE necessary facts giving rise to these appeals are stated as below:

(3.) THE claims for compensation were resisted by the owner of the bus and the insurance company. The owner of the bus in question has not denied the accident nor the death of the persons. However, it was contended that the driver of the ill-fated bus was not rash and negligent while driving the bus. It was stated that in order to save persons travelling in a Maruti van which was coming from the opposite direction at reckless speed the driver of the bus tried to save those persons and turned the bus towards the side of the bridge where the PWD authorities had caroled out the work of the repair recently. The side of the bridge gave way and the bus fell into the khud. It was further averred that no warning sign had been put by the PWD authorities for the work of repairs having been carried out.