NATIONAL INSURANCE CO. LTD. Vs. ISHROO DEVI
LAWS(HPH)-1997-7-13
HIGH COURT OF HIMACHAL PRADESH
Decided on July 31,1997

NATIONAL INSURANCE CO. LTD. Appellant
VERSUS
ISHROO DEVI Respondents





Cited Judgements :-

NATIONAL INSURANCE CO LTD VS. BHAGWATI DEVI [LAWS(DLH)-2006-5-14] [REFERRED TO]
SHIVAPPA VS. JAMIR AHMED [LAWS(KAR)-2005-2-2] [REFERRED TO]
KULWANT SINGH VS. ORIENTAL INSURANCE CO [LAWS(DLH)-2008-8-64] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. KISHAN BHAI [LAWS(NCD)-2004-12-89] [REFERRED TO]
ICICI LAMBARD GENERAL INSURANCE COMPANY LIMITED. VS. M. RAKKATHAL [LAWS(MAD)-2010-2-707] [REFERRED TO]
THE NEW INDIA ASSURANCE CO. LTD. VS. VIDHYA DEVI AND ORS. [LAWS(ALL)-2016-2-159] [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. SWARAN SINGH [LAWS(SC)-2004-1-32] [REFFERED TO]


JUDGEMENT

LOKESHWAR SINGH PANTA, J. - (1.)THE aforesaid 9 appeals have been filed at the instance of National Insurance Co. Ltd. against separate awards made on 21.2.1995 by the Motor Accidents Claims Tribunal (I), Kangra at Dharamshala whereby 9 claim petitions arising out of a single accident were decided. Since common question of law and facts is involved in these appeals, hence they are being disposed of by this common judgment.
(2.)THE necessary facts giving rise to these appeals are stated as below:
On 18.7.1993, bus bearing No. HPK 5277 belonging to Hamirpur Cooperative Transport Society and being driven by the driver Bihari Lal was coming from Pathankot side. At 8.15 a.m. the bus in question fell into a khud (gorge) at Chambi bridge when it was crossing the bridge. As a result of the accident as many as 8 persons, including driver Bihari Lal had died at the spot and number of other persons sustained injuries. Nine claim petitions were filed before the Motor Accidents Claims Tribunal by the claimants claiming compensation.

According to the claimants the accident took place on account of rash and negligent driving by the driver of the bus in question.

(3.)THE claims for compensation were resisted by the owner of the bus and the insurance company. The owner of the bus in question has not denied the accident nor the death of the persons. However, it was contended that the driver of the ill-fated bus was not rash and negligent while driving the bus. It was stated that in order to save persons travelling in a Maruti van which was coming from the opposite direction at reckless speed the driver of the bus tried to save those persons and turned the bus towards the side of the bridge where the PWD authorities had caroled out the work of the repair recently. The side of the bridge gave way and the bus fell into the khud. It was further averred that no warning sign had been put by the PWD authorities for the work of repairs having been carried out.


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