Himachal Pradesh Court January 1990 Judgments
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Arvind Singh Mann Vs. Himachal Road Trans. Corpn. Through Its General ...
Court: Himachal Pradesh
Decided on: Jan-10-1990
Reported in: 1990ACJ647
Bhawani Singh, J. 1. These appeals arise out of the same accident and common award. They were heard together and are being decided by a common judgment. 2. Briefly, the facts are that bus No. HPN 594, owned by the Himachal Road Transport Corporation (hereinafter referred to as 'the Corporation'), was being driven by a driver. As soon as the bus reached a place 3 kilometres away from Mandi towards Shimla on 28.8.1980, it met with an accident at 3.30 a.m. According to the claimants, the accident was due to the rash and negligent acts of the respondents. The driver of the vehicle was driving it at an excessive speed. He was negligent as well besides being under the influence of liquor.3. On the other hand, the respondents had denied the rashness and negligence attributed to the driver. They say that the accident was on account of the sudden failure of the lighting system in the bus which could not be discovered by use of reasonable care. The defect, they contended, was latent one which no...
Kumari Rachna Vs. Himachal Road Transport Corporation and ors.
Court: Himachal Pradesh
Decided on: Jan-08-1990
Reported in: 1990ACJ840,AIR1991HP73
V.K. Mehrotra, J. 1. These are appeals under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter, 'the Act') and are directed against a common Award dated December 29, 1982, of the Motor Accident Claims Tribunal, Shimla.2. Various claim petitions, resulting in theAward under challenge, arose out of the same accident. They were tried together, after consolidation, and by consent of parties evidence was recorded in the claim petition of claimant Nand Kishore (Claim Petition No. 17-8/2 of 1980). The accident took place on June 14, 1980, at about 5-00 p.m. when bus No. HPS 1667 beloging to the Himachal Road Transport Corporation (Local Unit, Shimla) went down the Circular Road just below Hotel Holiday Home. As a result, a number of persons travelling in the bus received injuries and some of them succumbed to the injuries sustained by them. Baldev Singh, the third respondent, was driving the bus.3. In the claim petitions it was said that the bus was being driven by the driver rashly ...
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