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1990 Supreme(HP) 115

BHAWANI SINGH
H. R. T. C. – Appellant
Versus
OM PRAKASH – Respondent


Advocates Appeared:
For the petitioner:Shri Deepak Gupta, Advocate. For the respondent:Shri Bhupender Gupta, Advocate.

JUDGMENT

Bhawani Singh, J.—All these appeals arise out of the same accident and since a similar question is involved, they are being decided by a common judgment.

2. Briefly, the case is that Bus No HIK 3227, driven by Kehar Singh and conducted by Ajeet Singh, left Pathankot bus stand on 20-5-1988. After just crossing Chakki Bridge, a bomb which was lying hidden in the bus, exploded, causing injuries to some and proving fatal to others travel ling in the bus.

3. Consequently, the heirs of the deceased and the victims of the blast preferred claim petitions before the Motor Accident Claims Tribunal (I), Kangra Division. Among other things, it has been stated that the bus was stationed at Bus-Stand, Pathankot which is a disturbed area and is hot with terrorist activities. Number of attempts had been made by the terrorists to attack Himachal Road Transport Corporation (hereafter HRTC) buses in the area of Punjab. However, nothing was done to safeguard the vehicles in this area and this bus was not attended by any Guard and the Conductor and the bus driver were not present in the bus for sufficient long time and no checking of passengers coming into and going out of the bus was done. The



























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