HIMACHAL ROAD TRANSPORT CORPORATION SIMLA Vs. MOHINDER LAL
HIGH COURT OF HIMACHAL PRADESH
HIMACHAL ROAD TRANSPORT CORPORATION SIMLA
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(1.)This judgment will dispose of F. A. Os. Nos. 89, 90, and 91 of 1980 since these arise out of the same judgment. It will also dispose of the cross -object ions of the respondents.
(2.)The appeals are directed against the award made by the Motor Accident Claims Tribunal Kangra Division. The Tribunal has held that the motor accident was due to the negligence of the appellant and its driver.
(3.)On 18th July, 1974 the appellants omnibus No, HPC -183 was going from Chamba to Pathankot. It had 19 passengers. At about 4.15 P. M. when it was about one or one and a half Kilometer from a place known as ˜Daradda it rolled down the khad. Many passengers were injured and some were killed. One of the fatal casualities was the driver himself. Among the dead was one Ved Prakash who died on the spot as a result of the injuries sustained by him due to the accident. Rajinder Lal and Mohinder Lal, respondent, were lucky to escape death but received various injuries. They had to be hospitalised. Rajinder Lal suffered a permanent injury inasmuch as he cannot lift his right hand above his shoulders.
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