GURMAIL KAUR AND OTHERS Vs. GENERAL MANAGER, PEPSU ROAD TRANSPORT CORPORATION, PATIALA AND ANOTHER
LAWS(P&H)-1986-9-78
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 18,1986

Gurmail Kaur And Others Appellant
VERSUS
General Manager, Pepsu Road Transport Corporation, Patiala And Another Respondents

JUDGEMENT

S.S. Sodhi, J. - (1.) THE challenge in appeal here is to the denial of compensation to the widow and children of Mukand Singh deceased, who is said to have died as a result of the injuries sustained by him while alighting from the Pepsu Road Transport Corporation Bus PUC 3151. This accident is said to have taken place on March 7, 1980 at about 7 P. M at Bus -stand Bhikhi.
(2.) ACCORDING to the claimants, Mukand Singh deceased was a ticket -checker with the Pepsu Road Transport Corporation. He was on the bus PUC 3151 and when it reached Bus -stand Bhikhi, he was in the process of getting down from it when the bus -driver suddenly sped away as a result of which he fell down on the road and sustained multiple injuries. It was on account of these injuries that he later died. The Respondents denied that Mukand Singh had ever travelled on the bus or that he had sustained injuries while alighting from it. The case of the claimants rests upon the testimony of A.W. 3 Pritam Singh and A. W. 6 Prem Kumar. It was A. W. 6 Prem Kumar who had taken the injured Mukand Singh from the place of incident to the hospital. It would be pertinent to note here the statement of A. W. 4 Dr. Om Parkash, who was the Medical Officer at the Civil Hospital, Bhikhi, at that time. He deposed that an unknown patient in a coma with multiple injuries was brought to the hospital by Pritam Kumar. This patient was later found to be Mukand Singh deceased, who died soon after his arrival in the Hospital. When the deceased was brought to the hospital, Prem Kumar made a note in the Hospital Register, in his own hand, Photostat copy of which is exhibit A/I A reading of this note would show that what was mentioned therein was that he had picked up the deceased, who was lying on the road. It had not been stated there how in what manner the deceased had received his injuries, more particularly, that it was while alighting from the bus that he had sustained these injuries.
(3.) FURTHER , it will be seen that it was on March 21, 1980 that ASI A. W. 5 Gurcharan Singh went to the Civil Hospital, Bhikhi, where he recorded that statement of Prem Kumar. Exhibit 1 Y is a copy of this statement.;


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