The State of Haryana and Haryana Roadways were liable to pay compensation to the claimants because the accident was caused by the negligence of the bus driver, who was an employee of the State of Haryana and was acting within the scope of his employment at the time of the accident.

1. These seven appeals arising under Section 110-D of the Motor Vehicles Act are directed against the decision of the Motor Accident Claims Tribunal adjudicating upon claims for compensation in respect of an accident involving death of three persons namely Ved Prakash Chopra, Narendra Kumar Arora and Devi Lal.

2. On 1-2-1969 at about 6 P. M. a bus HRA-1244 belonging to Haryana Roadways was proceeding from Simla to Chandigarh. When it reached milestone No. 50 on Simla-Kalka road at a place known as Koti, it was accosted by a truck HRA-1759 loaded with bricks coming from the opposite direction. While the us was crossing the truck its hind Portion struck against the truck and the impact pushed it towards the left breaking the parapet wall with the result that rolled down and fell inside a khud. As result of that accident Ved Prakash Chopra and Narender Kumar Arora were killed on the spot, while Devi Lal received multiple injuries and was removed to PGI Hospital, Chandigarh. He expired there on 10-2-1969. Salig Ram respondent was the driver, while Kundan Lal was the conductor of the bus. Accordingly claims were made before the Tribunal by the legal representatives of the three deceased, and these seven appeals arise out of these claims.

3. The legal representatives of Narender Kumar Arora claimed Rs. 7 lakhs and odd, while the legal representatives of Ved Prakash Chopra and Devi Lal claimed Rs.21/2 lakhs and Rs. 11/2 lakhs, respectively. The Tribunal has awarded Rs. 1 lakh to the legal representatives of Arora. Rs. 1 lakh again to the legal representatives of Chopra and Rs. 40.000/- to the legal representatives of Devi Lal. They are not satisfied with the adjudication of claims and have preferred these appeals.

4. F. A. Os. Nos. 16. 17 and 21 of 1971 arise out of the claim pertaining to Arora deceased. Of them. F. A. O. No. 17 of 1971 is the cross-appeal filed by Haryana Roadways.

5. F. A. Os. Nos. 18 and 22 of 1971 arise out of a claim pertaining to Devi Lal, of which F. A. O. No. 18 of 1971 is the cross-appeal by the State.

6. F. A. Os. Nos. 19 and 28 of 1971 arise out of a claim pertaining to Chopra of which F. A. O. No. 19 of 1971 is the cross-appeal by the State.

7. The claimants asserted before the Tribunal that the driver of the bus was rash and negligent. He was coming down-hill and the speed of the bus was exceeding the limit, so much so, that at the time of crossing, the hind portion could not get clearance. The truck was coming uphill and its speed was considerably lower. There was sufficient width of the road. According to one estimate, it was 25 feet. Had the bus slowed down or even stopped, which was the requirement under a direction, to give clearance to up-coming vehicles the accident would not have occurred. Due to the speed of the bus the impact was of so much intensity that the bus jolted and swerved towards left so much so that the driver could not control it and it rolled down inside the khud. As the headlights were on of both the vehicles, it was easy for the driver of the bus to have detected the on-coming truck. One Ram Kumar. ASI (A. W. 8) along with his Constable Narain Singh (A. W. 9) were also travelling in the bus. They escaped although they received minor injuries. Ram Kumar immediately went to Solan and lodged F. I. R. (Ex. PA) which, besides narrating the accident, fixed responsibility on the driver of the bus. In that document it was indicated that the driver was rash and negligent, and did not know how to drive on hills. In fact subsequently when a case under Section 304-A started against Salig Ram, he made a statement before the Magistrate (Ex. A. W. 3/A) in which he admitted that he was not used to hill driving. He was required to take the bus from Chandigarh to Panipat. But the was compelled to bring it from Chandigarh to Simla. Thus according to claimants, the accident was due to the negligent act on the part of the driver Salig Ram who was in the service of Haryana Roadways. As such the St