M.SRINIVASAN, LOKESHWAR SINGH PANTA
RAJAN BUS SERVICE PVT. LTD. – Appellant
Versus
PARHALAD CHAND SHARMA – Respondent
LOKESHWAR SINGH PANTA, J.—These appeals have been taken and heard together and are being disposed of by this common judgment as they have arisen out of the single accident.
2. The relevant facts giving rise to the appeals are as under: —
3. A bus bearing registration No. HPM-673 owned by Rajan Bus Service Private Ltd. and driven by its driver Sher Singh was going from Chintpurni to Talwara on November 17,1986. The said bus had roiled down into a Khud to the depth of about 200. As a result of the accident, few passengers had died.
4. The claimants of the deceased persons filed claim petitions before the Motor Accident Claims Tribunal, Kangra at Dharamshala claiming compensation. It was alleged in the petitions that the ill-fated bus was being driven rashly and negligently at a very high speed by its driver at the material time and the accident was the result of such rash and negligent driving of the bus. It was further averred that the driver of the bus could not control the vehicle at a curve near the place known as Pucca Tiyala and that the bus rolled down into a Khud (gorge).
5. In the claim petitions, the owner of the bus was the first respondent, Shri Sher Singh driver was
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