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2010 Supreme(P&H) 2647

KANWALJIT SINGH AHLUWALIA
Kulwant Singh Driver – Appellant
Versus
Municipal Corporation, Amritsar – Respondent


Advocates appeared:
Ms. Vanita Sapra, Advocate for the petitioner.
Mr. Sandeep Khunger, Advocate for respondent No.1.
Mr. J.S. Puri, Additional Advocate General, Punjab for the State.

JUDGMENT

KANWALJIT SINGH AHLUWALIA, J. - Petitioner, an employee of the Punjab Roadways, Amritsar Depot was on deputation with the Municipal Corporation, Amritsar in the year 1975. Being an employee of the Punjab Roadways, he had a lien in the State Services of the Punjab Transport Department.

2. On 18th August, 1983, the petitioner was driving a bus bearing registration No.PYE-5506 belonging to the Municipal Corporation, Amritsar and during the course of duty, he caused an accident, as a result whereof a cyclist, namely Kartar Singh, received injuries and subsequently died in the hospital. Legal heirs of the deceased-Kartar Singh instituted a claim petition for grant of compensation in the Motor Accident Claims Tribunal, Amritsar (hereinafter referred to as, ‘the Tribunal’). The Tribunal, vide its judgment dated 16th January, 1987, awarded compensation to the claimants to the tune of Rs.36,000/-with interest at the rate of 12 per cent per annum from the date of filing of the claim petition till actual payment. The employer along with the petitioner was held jointly and severely liable to satisfy the award. An application for execution was filed and the Municipal Corporation, Amrit



































































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