SNEH SHARMA Vs. SEWA RAM

JUDGEMENT

(1.) WE propose to dispose of both these appeals by a common judgment. Although the facts may be slightly different but the ultimate question for determination is identical. Before answering it, narration of facts from both the cases is being made one after the other. Sneh Sharma v. Sewa Ram, C. Ist. M.A. No. 10 of 1994:

(2.) ON 7.10.1992, deceased Pardeep Kumar Sharma was travelling in Matador JK 02 -9051 for going to his office at Bikram Chowk, Jammu. The vehicle was being driven in rash and negligent manner with excess speed. The driver of the vehicle tried to overtake bus No. JK 02 -9021 at Digyana, Jammu, where powerful bomb exploded in the bus, as a result of which number of passengers died and many others suffered serious injuries. Some splinters of the bomb caused fatal injuries to the deceased and he died.

(3.) ON 14.8.1993, the deceased started from Kishtwar to Jammu at about 5.30 a.m. through bus No. JKU 2003. The driver of the bus stopped it near Sarthal More at the instance of certain armed persons who got into the bus and asked the driver to take the bus one kilometre away and segregated the passengers on the basis of religion and shot them to death. Claim petition was preferred in which it is alleged that the driver failed to perform the duty carefully. He was thoroughly careless and negligent in stopping the bus and allowing the persons to board it knowing fully well that these persons were carrying guns and were directing the stopping of the bus at that particular time and at a dangerous place. The accident arose out of the use of motor vehicle driven rashly and negligently by the driver. Therefore, claim for compensation was maintainable. However, the Tribunal has rejected it on the ground that the accident did not arise out of the use of the motor vehicle and the driver was not responsible for the same.