STATE OF PUNJAB Vs. PARMINDER SINGH

JUDGEMENT

(1.) BY this judgment two appeals (F. A. O. Nos. 267 and 266 of 1992) are being decided.

(2.) APPELLANT has filed this appeal against the award dated 13. 8. 1991 wherein it is held that the accident took place due to rash and negligent driving of the driver Gamdoor Singh of bus No. PBL-306 of the Punjab Roadways. It is further held that in this accident parents of claimants Parminder Singh, Sukhvinder Kaur, Inderjit Kaur and Manjit Kaur (Claim Petition No. 37 of 1989) died. The Tribunal has awarded Rs. 4,99,200/- to the three claimants. Manjit Kaur claimant No. 4 is not entitled to get any compensation as she is a married daughter. In this accident, Tejinder Singh sustained multiple injuries. He suffered 40 per cent disability. The Tribunal has awarded Rs. 2,35,000/- to this claimant. The appellant has assailed the findings given in these two claim cases.

(3.) RESPONDENTS -appellant contested all the claim petitions and denied that the accident took place because of rash and negligent driving of driver of the bus. It was pleaded that the accident took place, due to rash and negligent driving of Sovinder Singh, driver of Maruti Van. Front tyre of Maruti Van had bursted and due to that reason, the Van went out of control and rammed into the bus. It is also alleged that one of the injured made such statement in Civil Hospital, Ropar. Hence, this accident did not take place because of rash and negligent driving of bus driver. The Insurance Company of Maruti Van also contested the claim petitions. It averred that the driver of Maruti Van was not negligent, therefore, the Insurance Company is not liable to pay any compensation to the claimants.