J.P. Singh, J.

Cross appeal (C) No. 57/2003

Cross Appeal (C) No. 86/2003

1. M/s Devinder Nagpal, Kewal Nagpal, Geeta Nagpal and Anju Nagpal commenced their journey from Jammu to Amritsar on January 19, 1997, by Maruti Car No. JK02D-5449. The Car, however, met with an accident at about 8.30.a.m near village Ghagwal, on the National Highway, when it was hit by a Bus bearing registration No. JKS-9535, which was coming from the opposite direction. All the occupants of the car sustained injuries as a result of the accident. They were taken to Military Hospital, Samba for first aid and thereafter to Government 2 Medical College Hospital, Jammu for treatment. The injured, who were in serious condition, were airlifted to Delhi for better treatment. Devinder Nagpal succumbed to the injuries on 6.2.1997 in the Hospital, at Delhi.

2. Despite best efforts of the Doctors, Kewal Nagpal could not recover from the injuries and was rendered 100% disabled as a result of grievous injuries to the spinal cord.

3. Smt. Geeta Nagpal, the widow, Sheetal Nagpal, the daughter, Master Ritin Nagpal, the minor son, S.R. Nagpal, the father and Smt. Bimla Devi, the mother, of deceased Devinder Nagpal, lodged