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1999 Supreme(P&H) 87

JAWAHAR LAL GUPTA
Gurpal Singh – Appellant
Versus
Jagan Nath – Respondent


Judgment

Jawahar Lal Gupta, J.

1. On August 1, 1989, Dharam Pal alongwith his wife Smt. Krishna Devi boarded bus No. PUC-4717. He was to travel from village Malsinghwala to Budhlada. On reaching the destination, he requested the conductor to stop the bus. The conductor blew the whistle. The driver stopped the bus. The conductor pushed Dharma Pal out. He fell down. Smt. Krishna Devi raised hue and cry. The bus which had stated moving, was stopped. Dharam Pal was removed to the hospital. He was found to have fractured lumber vertebra 1. Both his lower limbs were paralyses. He died on September 6, 1989.

2. The widow alongwith her four minor children and parents-in-law filed a petition for the grant of compensation. The owner, the insurer, the driver and the conductor were impleaded as parties.

3. The respondents contested the claim.

4. The Tribunal framed the following issues:-

1) Whether death of Dharam Pal was caused in a bus accident (No. PUC-4717) driven rashly and negligently by Ujaggar Singh, driver-respondent No. 2?

2) Whether claimants are the legal representatives/dependents of said Dharam Pal deceased?

3) Whether the claimants are entitled to compensation amount, if so, how m











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