NATIONAL INSURANCE CO LTD Vs. REENA DEVI

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are directed against the common judgment and order passed by the High Court of Judicature of Himachal Pradesh in FAO(MVA) Nos, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 425, of 2001 and 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154 of 2002 and 453 of 2003, dated 10.9.04. By the impugned judgment and order, the high court has directed the petitioner to pay compensation to the respondents herein who were injured and also to the legal representatives of the deceased passengers.

(3.) The facts in brief are:- The incident occurred on 18.7.1999 when the bus belonging to Sh.Jai Prakash, the owner of the vehicle, started its journey from shillai for Bali Koti. En route to Bali Koti, the said bus while negotiating the curve went out of the road and rolled down in the khud. Thereafter, the bus trampled down several persons on the road as well as on the pathway beneath the road thereby taking lives of several persons while others received multiple injuries.