TARA SINGH Vs. GENERAL MANAGER

JUDGEMENT

(1.) ON 11th of June 1976 at about 12-50 p.m. i.e., noon time, Gurmej Singh and Fauja Singh were travelling in bus No. PUE-1617, belonging to Punjab Roadways, Amritsar Depot, driven by Tara Singh driver. When the bus reached near the Nakassu Bridge, a truck No. PNE-5905 came from the side road and there was an accident between the vehicles, as a result of which, the bus over-turned and the aforesaid two occupants of the bus sustained serious injuries and ultimately died. Fauja Singh's widow and seven minor children filed claim application before the Motor Accident Claims Tribunal, Amritsar. Widow of Gurmej Singh also filed a separate claim application. Both the cases were tried together in which the following issues were framed :

(2.) ALONG with the appeals, applications under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure were filed to implead the State of Punjab as a respondent, so that in case the award of the Tribunal was to be maintained, the State of Punjab be made to pay the compensation by way of vicarious liability. The applications were granted subject to all just exceptions. No. objection has so far been taken by the State of Punjab for being impleaded as a party to these appeals.

(3.) FOR the reasons recorded above, it is ordered that the compensation awarded by the Tribunal below to the two sets of claimants would be payable by the State of Punjab. With the aforesaid modification, the award of the Tribunal is maintained and both these appeals stand disposed of accordingly with no order as to cost.