K.C.Agarwal, J. - (1.) These three connected appeals have arisen out of the Motor Accident Claim No. 55 of 1977 and Motor Accident Claim No. 5 of 1978. Out of these two claims, Motor Accident Claim No. 55 of 1977 has been preferred by Hardev Kaur and her children, whereas Motor Accident Claim No. 5 of 1978 has been filed by Lt. Col. Avinash Bhalla. Both of these claims were preferred against Rajasthan State Road Transport Corporation and Ramesh Chandra Sharma, its driver.
(2.) The aforesaid two claims were in respect of the accident which took place on 30.7.1977 at about 3.30 p.m. when the Ambassador car No. UPS 5843 driven by Major Dalip Singh was dashed against by Ramesh Chandra Sharma, the driver of the bus No. RSG 7487 of Rajasthan State Road Transport Corporation.
(3.) On 30.7.1977, Major Dalip Singh was going to Delhi by his Ambassador car, along with his wife Hardev Kaur and his minor sons Jasminder Singh and Balwinder Singh. He had picked up Lt. Col. Avinash Bhalla from the Mess for going to the Ordnance Depot. Avinash Bhalla was to be dropped at Narhauli crossing where the occurrence took place. Major Dalip Singh was going to Delhi by National Highway when the bus No. RSG 7487 collided on left hand or western side of the National Highway as a result of which Major Dalip Singh received serious injuries and ultimately succumbed to death in the same evening. His two sons as well as his wife were also injured. Lt. Col. Avinash Bhalla, who filed Claim Petition No. 5 of 1978, also received injuries. In the accident, the Ambassador car was badly damaged.;