- (1.) By this common order, I intend to dispose FAO No.1174 of 1995 State of Punjab and another versus Shrimati Rano Devi and others State of Punjab and another ; FAO No.1175 of 1995 State of Punjab and another versus Gurmit Singh alias Jarmez and others ; State of Punjab and another ; FAO No.1176 of 1995 State of Punjab and another versus Smt.Kamlesh Devi and others ; and FAO No.1177 of 1995 State of Punjab and another versus Smt. Bachni Devi and others. All the above said appeals arise out of the same award and accident. Therefore, for convenience facts are being taken from FAO No.1174 of 1995.
(2.) Briefly stated claimants have directed different claim petitions under Section 166 of the Motor Vehicles Act claiming compensation on account of death of Mangat Ram alias Manga, Kishan Lal, Joginder Singh whereas Gurmeet alias Jarmez etc. received injuries in a motor vehicular accident.
(3.) It is alleged that on 7.2.1992 at about 8.00a.m. Mangat Ram alias Manga, Kishan Lal, Joginder Singh and Gurmeet alias Jarmez etc. were going in Maruti Car bearing registration No.JKU -6387 from Pathankot to Chandigarh and Gurmeet alias Jarmez was driving the said car at a normal speed on left side of the road. When the car reached near the main gate of D.C.M. Colony, Assro, at about 2.00p.m. One Punjab Roadways Bus of Tarn taran Depot bearing registration No.PB-12-A/9002 came from the opposite direction which was being driven by respondent No.3 Gopal Singh at a high speed rashly and negligently and he came on the wrong side of the road and hit the Maruti car and accident resulted in the death of Mangat Ram alias Manga, Kishan Lal, Joginder Masih and Gurmeet was injured in that accident. Constable Kundan Lal had reported the matter to the police and lodged FIR No.9 of 1992 against respondent No.3. The police had registered the case and got conducted the post mortem examination on the dead bodies of the deceased. As a result, Bachni Devi etc. heirs and dependents of deceased Mangat Ram alias Mangu have filed claim petition claiming compensation of Rs.18 lacs. Kamlesh Devi etc also filed claim petition claiming Rs.14 lacs regarding death of Joginder Masih and Rani Devi etc. have filed claim petition for Rs.19 lacs. Whereas injured Gurmit has filed separate claim petition for compensation to the tune of Rs.3 lacs regarding his injuries rceived in the accident.;