- (1.) This judgment of mine will dispose of eight appeals FAO No.517 of 1991 titled as Vishal Khanna versus The State of Punjab and others, FAO No.518 of 1991 titled as Smt.Anita Khanna and others versus The State of Punjab and others, FAO No.519 of 1991 titled as Vishal Khanna and another versus The State of Punjab and others, FAO No.520 of 1991 titled as Smt.Smt.Shanti Devi and another versus The State of Punjab and others, preferred by the claimants for enhancement of compensation and other appeals i.e. FAO No.2521 of 1994 titled as The State of Punjab and another versus Vishal Khanna and others, FAO No.2522 of 1994 The State of Punjab and others versus Anita Khanna and others , FAO No.2523 of 1994 titled as The State of Punjab and others versus Smt.Shanti Devi Khanna and others and FAO No.2524 of 1994 titled as The State of Punjab and others versus Vishal Khanna and others, preferred by the State questioning the aspect of negligence and quantum of compensation. Since all these appeals have arisen out of the one judgment dated 6.11.1990 passed by Motor Accident Claims Tribunal, Ropar, these are, therefore taken up together for discussion and decision to avoid any repetition. For convenience facts are being taken from FAO No.517 of 1991.
(2.) The brief facts of the case are that four claim petitions under the Motor Vehicles Act i.e. MACT No.53 Smt.Shanti Devi Khanna vs. State of Punjab Claim Petition No.54 of Anita Khanna vs. State of Punjab, No.52 Vishal Khanna vs. State of Punjab. Petition No.56 Vishal Khanna vs. State of Punjab were preferred and all these five petitions, referred to above, were consolidated and decided vide judgment dated 6.11.1990 passed by Shri K.S.Garewal, Ld. Motor Accident Claims Tribunal, Ropar
(3.) The case of the claimants are that on 9.9.1988 at about 2.30/2.45p.m. Adarsh Kumar Khanna, his wife, Vishal petitioner his infant son, Shashi Kant his brother were travelling with him. Adarsh Kumar other brother of Ravi Kant Khanna, was following the said Car in his own FIAT Car bearing registration No. DBD 3595 along with his brother-in-law Rakesh Bhandari. When the Maruti Car reached near Boothgarh about three KM short of Morinda, a Punjab Roadways bus bearing registration No.PJG 2536 came from the opposite side. The said bus was being driven by Jagir Singh rashly and negligently. The driver of the said bus came on the wrong side of the road and hit the said bus into the Maruti Car and pushed the said car at some distance. As a result of impact, Adarsh, Shashi Kant and Kanchan died at the spot whereas Vishal received injuries. The car was badly damaged. The above said claim petitions were filed for claiming compensation on account of death of Adarsh, Shashi Kant and Kanchan and injuries to Vishal and damaged to car respectively.;