Sushma Devi vs Tarlochan Singh - 2024 Supreme(P&H) 1198

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 1198

VIKAS BAHL
Sushma Devi – Appellant
Versus
Tarlochan Singh – Respondent

Advocates Appeared:
For the Appellant : Mr. Ashwani Arora Adv.
For the Respondent: Mr. Siddharth Sandhu AAG, Punjab.

JUDGMENT :

(Vikas Bahl, J.)

The widow and children of the deceased Yog Raj have filed the present appeal seeking modification of the award dated 09.10.1990 passed by the Motor Accident Claims Tribunal, Hoshiarpur, vide which the claim petition filed by the claimants was dismissed.

2. Learned counsel for the appellants has submitted that in the present case, the fact that Yog Raj son of Mirza Ram died in the road accident which took place on 04.12.1989 between Ambassador Car bearing No.PCW-79, which was being driven by the deceased and a Bus bearing No.PJG-1917 which was coming from the side of Mahilpur, is not disputed. It is further submitted that the fact that the above-said bus was owned by respondents No.2 and 3, is also not disputed. It is stated that although, it is the case of the claimants that it was the driver of the bus, who was negligent and on account of the same the accident had taken place and even an FIR under Sections 304-A, 279 and 427 IPC had been registered against the driver of the bus at Police Station Sadar, Hoshiarpur, but the Motor Accident Claims Tribunal had come to the conclusion that the bus driver was not negligent and accordingly, had dismissed the cl

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