SEMA SINGH AND ANR. Vs. SOHANLAL AND ORS.

JUDGEMENT

(1.) These appeals are directed against the judgment and award dated 3.9.2001 passed by the Motor Accident Claims Tribunal, Srikaranpur, District Sriganganagar ('the Tribunal'), whereby the Tribunal has awarded compensation to the appellants based on the compromise arrived at between the appellants and the respondent No. 5 - Insurance Company, however, it has exonerated the respondents No. 1 & 2 from any liability.

(2.) The appellants-claimants filed applications for compensation in relation to the accident which occurred on 10.11.1994, in which accident, Santa Singh, Balvinder Singh, Mithu Singh, Balveer Kaur and Tej Kaur died on the spot and Makkhan Singh died in the hospital, the other occupants of the vehicle suffered injuries. It was alleged that the deceased and claimants Sema Singh etc. were travelling in Jeep No. PBM-8752 from Tarkhanwali to Banda Anoopgarh, which jeep was being driven by Ranjeet Singh; at about 1:30 p.m. when the jeep reached at 18BB, a roadways Bus No. RNP-3229 came from the opposite side, which was being driven rashly and negligently by Sohanlal, which bus collided with the jeep, resulting in the deaths and injuries to all the occupants. It was alleged that the accident occurred on account of rash and negligent driving of the jeep as well as the bus. The application was opposed by the respondent Corporation inter-alia indicating that there was no negligence of the bus driver, which is evident from the fact that challan was only filed against the driver of the jeep. The owner and driver of the jeep also filed their reply and denied their liability and indicated that the liability, if any, was that of the insurance company. The insurance company filed its reply and disputed its liability.

(3.) Based on the averments of the parties, the Tribunal framed six issues.