S.S.SODHI,J. - (1.) THE Punjab Roadways bus PUQ-5340 while travelling on the Pathankot-Jalandhar Road was involved in an accident with a truck DLL-9571 coming from the opposite direction. This happened on September 7, 1975 at about 3.30 P.M. Both the drivers namely that of the bus and the truck as also the cleaner thereof were killed. The other person who died was Sh. P.C. Nanda a passenger travelling in the bus.
(2.) A claim for compensation was put in by the son and daughters of Damodar Dass, deceased, the driver of the ill-fated bus and a separate one by Kamlesh Nanda the widow of Sh. P. C. Nanda, deceased and their three minor daughters a minor son and also by his mother. Both these claims though arising from the same accident were tried separately. In dealing with the claim filed by the children of Damodar Dass, deceased, the Tribunal came to the finding that the accident between the bus and the truck was an act of God and, therefore, neither driver could be held to have been negligent. No compensation was accordingly awarded to them.
(3.) NEGLIGENCE , was however, held against the bus driver in the claim relating to Sh. P.C. Nanda, deceased, on the finding that the spare wheel of the bus had been kept inside it and the deceased died as a result of the injuries caused to him by this wheel when it jumped and struck against his head at the time of the accident. A sum of Rs. 1,20,000/- was awarded as compensation to the claimants here.;