JATINDER KUMAR Vs. CHANNI SINGH
LAWS(J&K)-1999-4-20
HIGH COURT OF JAMMU AND KASHMIR
Decided on April 19,1999

JATINDER KUMAR Appellant
VERSUS
Channi Singh Respondents

JUDGEMENT

BHAWANI SINGH, J. - (1.) WE propose to decide this group of three Appeals (LPA No. 28/1995, Jatinder Kumar Versus Channi Singh and others, LPA No. 26/1995, Rameshwar Dayal and others Versus Channi Singh and others, and LPA No. 27/1995, Rameshwar Dayal and others Versus Channi Singh and others) by common Judgment, since they arise of the same accident, common award and common Judgment of Single Judge impugned in these Appeals. Briefly stated, the facts of the cases are as under:
(2.) DECEASED Mohan Lal Khandelwal and Kamla Devi are the parents of the Petitioners. They were on visit to Srinagar with Jatindra Kumar. For the return journey, they boarded Bus bearing Registration No. MLS -9148 in the morning of June 26, 1987 for Delhi through Jammu. When it reached near Magerkote around 11.45 a.m., the Driver failed to negotiate a curve due to fast driving, with the result that the Bus skidded off the road and rolled into a 3000 feet nallah resulting in instantaneous death of 18 passengers leaving 24 seriously injured. Out of them, some succumbed to the injuries. Though Jatindra Kumar survived the accident, but sustained injuries. Petitioners have claimed compensation of Rs.17, 24, OOO/ - and Rs. 13, 34,000/ - for the death of their father and mother respectively. For personal injuries Jatindra Kumar has claimed Rs. 3, 75,000/ -
(3.) RESPONDENTS have admitted the accident and the death of passengers including the parents of the Petitioners. However, ignorance has been claimed about the cause of accident requiring the same to be proved. On the pleadings of parties, Motor Accidents Claims Tribunal framed the following issues: 1. (a) Whether on 26.6.1987 the driver of Vehicle No. 9148 -MLS was driving it in a rash and negligent manner while under employment of respondent Mrs. Saira Khangtan causing injury to Jatinder? (b) Whether on 26.6.1987 the driver of Vehicle No. 9148 -MLS was driving it in a rash and negligent manner while under employment of respondent Mrs. Saira Khangtan causing death of Kamla Devi? (c) Whether on 26.6.87 the driver of Vehicle No.9148 -MLS was driving it in rash and negligent manner while under employment of respondent Mrs. Saira Khangtan causing death of Mohan Lal Khandelwal? 2. In case the issue No.1 is proved in affirmative, whether the petitioners are entitled to compensation, if, how much, from whom and in what proportion? OPP 3. Whether the claim petition is time barred? OPR 4. Whether there are sufficient grounds for condonation of delay? OPR 4. RELIEF.;


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