KAMLESH & ORS Vs. DHARAMVEER & ANR

JUDGEMENT

(1.) By this appeal, the appellants have assailed the judgment of learned Tribunal dated 1st June, 1988 whereby the claim petition of the appellants was dismissed holding that it was deceased himself who was driving the scooter (two-wheeler) rashly and negligently and there was no negligence on the part of the bus driver.

(2.) Brief facts relevant for the purpose of deciding this appeal are that on 8th January, 1985 at about 10:15 p.m. Sh. Satish Salwan was on his two-wheeler scooter with Sh. Avtar Singh as a pillion rider. They were coming from Padam Singh Road and when they reached at the crossing of Shastri Park, an accident took place with DTC bus bearing No.DEP-8216 coming from Pusa Road. As a result of this accident, driver and scooter fell at a distance of 5-6 yards and the pillion rider also fell. Driver Sh. Satish Salwan died of the injuries while pillion rider did not receive fatal injuries. The contention of the claimants was that the DTC bus came at a fast speed from the side of Pusa Road and left portion of the bus hit front side of the scooter resulting into the accident whereas the stand of the bus driver and bus owner was that the bus was coming on the main Pusa Road at slow speed on the correct side of the road when suddenly a scooterist emerge from Padam Singh Road, a side road opening on the main road, and came before the bus. The bus driver tried to save the scooterist by swerving his bus towards right side and stopped the bus then and there but the scooterist was busy in talking with pillion rider and did not care for the flow of traffic and hit against front left portion of the bus.

(3.) The learned Tribunal after considering the evidence led before it made following observation about accident and negligence:-