1989 Supreme(HP) 67
BHAWANI SINGH
HAMIRPUR TRANSPORT! CO-OP. SOCIETY LTD. – Appellant
Versus
PARVEEN LATA KAPOOR – Respondent
Advocates Appeared:
in F. A. O. No. 85 of 1981: For the appellants :Shri Chhabil Dass, Advocate, For the respondents No. I to 3:Shri K. D. Sood, Advocate, Name of respondent No. 4 has been deleted. Nemo for respondent No. 5, though served. Shri Deepak Gupta, Advocate, for the respondent No. 7. Shri M.S. Guleria, Assistant Advocate General, for the respondent No. 7. Shri P. A. Sharma, Central Govt. Standing Counsel, for the respondent No, 8 not present. In F. A. O. No. 86 of 198l: For the appellants :Shri Chhabil Dass, Advocate. Shri K. C. Rana, Advocate for the respondent No. 1, not present. Nemo for respondent No. 2, though served. Shri Deepak Gupta, Advocate, for the respondent No. 3. Shri M. S. Guleria, Assistant Advocate General, for the respondent No. 4. Shri P. A. Sharma, Central Govt. Standing Counsel, for the respondent No. 5, not present In F. A. O. No 87 of 1981: For the appellants :Shri Chhabil Dass, Advocate. For the respondents No. 1 to 4:Shri K. D. Sood, Advocate. Name of respondent No 5 has been deleted. Nemo for the respondent No. 6, though served. Shri Deepak Gupta, Advocate, for the respondent No. 7. Shri M. S. Guleria, Assistant Advocate General, for the respondent No.
8. Shri P. A. Sharma, Central Govt. Standing Counsel, for the respondent No. 9, not present. In F. A. O. No. 89of l981: For the appellants :Shri Chhabil Dass, Advocate. Shri Harish Behal vice Shri O. P. Sharma, Advocate, for the respondent No. 1. Nemo for the respondent No. 2, though served. Shri Deepak Gupta, Advocate for respondent No. 3. Sbri M. S. Guleria, Assistant Advocate General, for the respondent No. 4. Shri P. A. Sharma, Central Govt. Standing Counsel, for the respondent No. 5, not present. In F. A.O. No. 104 of 1981: For the appellants :Shri K. D. Sood, Advocate. For the respondent No. 1:Shri R. K. Sharma, Advocate. Nemo for the respondents No. 2 and 3, though served. Shri Deepak Gupta, Advocate, for the respondent No. 4. Shri M. S. Guleria, Assistant Advocate General, for the respondent No. 5. Shri P. A. Sharma, Central Government Standing Counsel for the respondent No. 6, not present. In F.A. 0. No. 106 of l981: For the appellant :Shri Deepak Gupta, Advocate. For the respondents No. 1 to 3:Shri K. D. Sood, Advocate. Name of respondent No. 4 has been deleted, Nemo for respondent No. 5, though served. Shri M. S. Guleria, Assistant Advocate General, for the respondent No. 6 and 7. Shri R. K. Sharma, Advocate, for the respondents No. 8 and 9.
JUDGMENT
Bhawani Singh, J.—These appeals arise out of the same accident and common award dated 22-9-1981 made by the Motor Accident Claims Tribunal, Una. Therefore, they are being taken up together for consideration and decision by this judgment.
2. The brief facts are that the Hamirpur Co-operative Society Limited, Hamirpur (to be called hereinafter as the Transport Society), is registered under the Himachal Pradesh Co-operative Societies Act. It runs passenger buses on number of routes in that region of the State Bus—HIM 2763 was being driven by Shri Tulsi Ram, Driver, from Hoshiarpur to Hamirpur on 13-10-1970. The Bus was insured with M/s. New India Assurance Co. Ltd. This is the first vehicle in question.
3. The other vehicle in question is Jeep with Registration No. HIM 7066. It belonged to the Public Works Department and was being driven, at the time of the accident, by Shri P. C. Gupta, Assistant Engineer, Tube Well Sub-Division, Gagret.
4. Both the vehicles were coming from opposite directions and the head-on-collision between them took place at about 11.45 A. M. at a place in between Mile Stone 70/4 KM and 70/5 KM on Mubarikpur Gagret Road. The result of the collision was that
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