- (1.) This judgment will dispose of F.A.O. Nos. 1181, 1198 and 1216 to 1223 of 1987. The Facts
(2.) The appellant No. 1 is the owner of bus bearing registration No. 2231. On March 11, 1986, it was on its way from Nakodar to Jalandhar. At about 8 A.M., it was passing over the bridge near village Mudhan when it rolled down 18 feet deep into the Bein. As a result thereof, seven persons lost their lives while five sustained injuries on their persons. 12 claim applications were filed in which it was inter alia pleaded that the accident took place as a result of rash and negligent driving of the bus driver. The respondent/appellant admitted the accident but pleaded that the Punjab Public Works Department was responsible for the accident for not keeping the road in a roadworthy condition. There were depressions on both sides of the bridge, proper railings and protection on the bridge were not provided. The bus was coming at a slow speed. It got a jerk, with the result that the front spring (Patta) of the right side was broken and the driver could not control the vehicle and it fell into the Bein.
(3.) The Insurance Company admitted the accident but denied its liability to pay the compensation to the claimants.;