PRITAM KAUR Vs. PEARA SINGH

JUDGEMENT

(1.) In an accident which took place on 17.10.1966 on G.T. Road Sardar Peara Singh died due to the severe injuries received by him. The claim petition was dismissed by the Tribunal holding that there was no evidence to show that either the motor cycle No. DLM-2898 on which the deceased was riding or the D.T.C. bus No. DLP-868 was responsible for the accident.

(2.) On 17.10.1966 the deceased, Sardar Peara Singb, was riding on the motor cycle No. DLM-2898 as a pillion rider, and was going from Sabzimandi to Shakti Nagar side. Near Birla Mill a tonga came from the right side with a high speed and hit the motor cycle. Due to this impact both the Driver of the motor cycle and the deceased fell down. A D.T.C. bus which was coming from behind hit the deceased and ran over him. He was removed to the hospital by the Driver of the motor cycle and the Driver of the bus. Doctor Vishnu Kumar, (Public Witness -2) conducted the postmortem examination and he found the following injuries on the person of the deceased : "(1) Lacerated wound 1.5x0.6 cm. to the Lt. parietal eminence. (2) Multiple abrasions in 8x3 cm. area on the back of right elbow. (3) Abrasion 3x2 cm. on the outer aspect of right buttock below the liac crest, (4i Lacerated wound 3x1 cm. on upper 1/3 of Rt. leg skin with fracture tibia seen. Fracture both bones present at this stage. (5) Abrasion in 26 X 5 cm. area on the right leg in upper 2/3 from rt. knee anter medial surface (ant.in upper part and medically in lower part) (6) Abrasion 5 X 0 cm. certical above right medial mallolus. (7) Multiple small abrasion on the back and the front of left. (8) Extensive abrasion in 56 X 7 cm. starting from the back of the lower part of left thigh going upward and forward to the lateral surface of middle region of thigh and up to ilac areast. The direction of lines on abrasion are verticle. (9) Multiple small abrasion on the left wrist back (10) Abrasion 5x2 cm in the anterior abdomining wall outer part in the lumber region-left. (11) Abrasion in 3x1.8 cm. on the left scapular region. (12) Multiple small abrasions in the right scapular 312 region. (13) Abrasion 19 X 12 cm. on the left buttock and perineum left half near it."

(3.) The Doctor opined that the death was caused due to hameorrhage and shock consequent to multiple injuries mainly reptured kidney and spleen and left lung. He was cross-examined and a suggestion was made to him that the injuries in question could be caused by the vehicle like tonga. The Doctor negatived the suggestion and said that such injuries could be caused by a heavy vehicle and not by a tonga. He also categorically stated that such injuries are not possible if a person merely falls from a motor cycle. On behalf of the claimants, Darbara Singh (Public Witness -4) was examined. His statement was also recorded by the police after the accident and he was also examined in the criminal case. He bad stated that when the deceased fell down he tried to get up twice but could not do so because a DTC bus came from clock tower side at a high speed and the left portion of the bus struck against the deceased and he was run over by the bus. According to him when the deceased fell down from the motor cycle the bus was still at a distance of 50 to 60 yards. The driver of the motor cycle, who was himself Respondent No. 1, namely Sardar Peara Singh. could not state in his evidence as to how the deceased was injured. He only stated as to bow the tonga hit the motor cycle resulting into both himself and the pillion rider falling down. It appears that before falling down the motor cycle had gone little ahead. When he returned to the spot of the accident he heard that someone was run over by the bus and then he saw that the deceased had sustained the injuries. Naturally the bus had come from behind and this witness had no opportunity to actually see the impact of the bus on the deceased. The respondents have produced, Ram Phal, RW-2, as a witness who is a DESU employee. According to him he had seen the bus at the bus stop which was about 200 yards from the place of accident. After the fall of the pillion rider from the motor cycle because of the hitting of the tonga he saw the bus coming at. a slow speed. He then stated, "After striking against the rehra the person who fell down was by the side of the left rear wheel of the bus " The respondents, however, did not examine either the Driver of the bus or the Conductor of the bus. It may also be noted that in the criminal case the bus Driver was given the benefit of doubt and was acquitted.