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2013 Supreme(P&H) 1446

BHARAT BHUSHAN PARSOON
Nazar Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Petitioner:Mr. Randhir Sharma, Advocate.
For the Respondent: Mr. Yatinder Sharma, Additional A.G., Punjab.

JUDGMENT

Dr. Bharat Bhushan Parsoon, J.:- By way of this common judgment, CWP No.12064 of 1994 and CWP No.2373 of 1995 shall be decided together as both these petitions have common substantial questions of law to be answered and have similarity of facts as also of attending circumstances. For convenience and clarity, facts of CWP No.12064 of 1994 are being narrated.

2. Petitioner Nazar Singh, during his employment as a driver with Punjab Roadways, Nangal Depot, Ropar, on 12.2.1985 was driving bus No.PBM-6964 bound from Ludhiana to Chandigarh. The bus had met with an accident in the area of village Mander. It was about 10.45 a.m. As a result of this accident, two persons sitting in the Matador with which the bus had struck had died on the spot, whereas two others had sustained injuries. Dependents of the deceased as also the injured had filed a claim petition before the Motor Accident Claims Tribunal (MACT), Ludhiana where inter-alia the petitioner was impleaded as one of the respondents.

3. Though stand of the petitioner as also his employer therein was that the accident had not been caused due to fault of the petitioner, the Tribunal disagreeing with said plea, vide Award dated 2.

















































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