M SUBRAMANIUM Vs. GENERAL MANAGER

JUDGEMENT

(1.) This appeal has been filed against the award dated 23rd July. 1973 whereby the claim petition of the appellant was dismissed for the reason that there was no evidence that death of the deceased late Shri Swamy bad occurred due to accident caused by rash and negligent driving of bus No. PNU 1981 that belonged to Punjab Roadways.

(2.) The claim petition was filed on behalf of the minor son of the deceased Shri Swamy, named, Subramanium, the preseat appellant through his maternal uncle Shri R. Mogam. The claim was made on the allegation that the deceased Shri Swamy, who was working as a labourer in Ajodhya Textile Mills, was coming from the said mill after finishing his duty at 2 p.m. and when be was proceeding on his Cycle from the Kingsway Camp side and was going towards Azadpur, be was struck by Punjab Roadways bus No.PNU 1981 and subsequently succumbed to his injuries while being taken to hospital in the same bus. The claim was made against Punjab Roadways who owned the said bus and although the allegation was that at the time of accident it was being driven by Jagir Singh, driver, but a statement was made during proceedings that the claim was being confined only against Punjab Roadways. The result is that there is no written statement or statements before the Court, of Jagir Singh, alleged to be the driver of the bus.

(3.) The claim petition was tried on the following issues :