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1996 Supreme(P&H) 1211

SAROJNEI SAKSENA
Pawan Kumar – Appellant
Versus
Commissioner Workmen Compensation – Respondent


Judgment

Sarojnei Saksena, J.

1. Petitioner Pawan Kumar has filed this revision under Article 227 of the Constitution of India for quashing the order passed by the Commissioner, under the Workmens Compensation Act, 1923 (in short the Act) on 10.1.1995.

2. Brief facts of the case are that petitioner is owner of Maruti Van bearing registration No. PAB-7530. This van was borrowed by the petitioners friend Shri Balwant Singh. Shri Balwant Singh hired the services of driver Kidar Nath. Shri Balwant Singh along with his family members was travelling in the said van, which met with an accident near Vithipur Phathak (railway crossing) on their way from Jalandhar to Delhi when the bus bearing registration No. PAC 4638 owned by the Punjab Roadways, Taran Taran Depot rammed into the van. The bus was being driven rashly and negligently by the driver Jaswant Singh. In this accident four persons including the driver Kidar Nath died on the spot.

3. Report under Sections 279/337/388/304-A and, 427 of the Indian Penal Code, was registered against Jaswant Singh driver at Police Station Kartarpur. The persons who died and who sustained injuries in this accident filed claim petitions before the Motor A











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