KRISHNA BUS SERVICE LIMITED Vs. MANGLI

JUDGEMENT

(1.) This appeal on certificate is directed against a judgment of the High Court of Punjab and Haryana awarding to the plaintiff-respondents a decree for Rs. 21,600/-. It arises out of these facts.

(2.) On January 21, 1955. Lala Wazir Singh deceased a retired Divisional Engineer (Railways) was travelling from Delhi to Hissar by a bus belonging to the Krishna Bus Service Ltd. (hereinafter referred to as the Company). On the way the vehicle went out of order. Lala Wazir Singh and some other passengers were then transferred to another bus No. DLB 5749 belonging to the same Company. This bus was being driven by Harbans Singh, defendant 3 (Respondent 8 herein) who was an employee of the Company acting under its directions and instructions. When at about 3 P.M. this bus was negotiating a turn in village Kheri Sadh, a few miles from Rohtak it overturned causing the death of Lala Wazir Singh at the spot and injuries to several other passengers.

(3.) The widow, the sons, the daughters, the grandsons and grand-daughters of the deceased instituted a suit in the Court of the Subordinate Judge. 1st class Rohtak for the recovery of Rs. 50.000/- as damages for the loss caused to them on account of his death. The Company was impleaded as defendant No. 1 the Insurance Company was joined as defendant No.2 and the driver of the bus as defendant 3. It was alleged that the accident causing the death of L. Wazir Singh occurred on account of the negligence of defendants 1 and 3. The bus, it was pleaded was not in proper order; it was overloaded with passengers and goods, and despite these facts defendant 3 drove it at a very high speed while it was negotiating a turn. The liability of the employer Company was sought to be fixed on the ground that it was negligent in employing such a rash and negligent driver and that the accident occurred when defendant 3 was acting in the course of its employment.