D.T.C. Vs. PREM SINGH

JUDGEMENT

(1.) Vide this common judgment, I propose to dispose of W.P.(C) No.6603/2001 and W.P.(C) No.4071/2004 since in both the cases, common question of law and facts are involved.

(2.) The brief facts in both the petitions are that the respondent-workman was in the employment of the petitioner as a driver. He was employed on 31.05.1979. On 31.12.1988, while he was on duty and driving Bus No.DEP- 9353 on route No.SS(-), GTB Nagar, he allegedly was driving the said bus in rash and negligent manner and carelessly and caused an accident which resulted into the death of a cyclist Ram Prasad. The workman was arrested on the spot and a criminal case vide FIR No.440/88 under Section 279/304- A of IPC was registered against him and since the offence was bailable, he was released on bail.

(3.) Depot Manager, Wazirpur Depot, Shri Bhoop Singh, Assistant Traffic Inspector thereafter reached at the spot and after making enquiries, submitted his report. He reported that at the time when the cyclist was taking a left turn, Prem Singh-workman also took a left turn towards Madipur and hit the cyclist. His report shows that accident had occurred since Prem Singh-workman while taking a left turn did not take a broad turn but took a narrow turn. The cyclist received head injuries and died on the way to the hospital.