SHANTI DEVI Vs. ZILEY SINGH

JUDGEMENT

(1.) This is a claimants' appeal against the award dated 25.7.1980 passed by the Motor Accidents Claims Tribunal (1st Additional District Judge), Ghaziabad dismissing the petition on the ground that the driver of the vehicle was not negligent while driving the same.

(2.) The claimants are widow and children of the deceased, Mala Singh, who is said to have been travelling in the bus belonging to the U.P. State Road Transport Corporation bearing No. UTG 4536 on 1.1.1979, which was going from Meerut to Delhi. On way after crossing Modinagar town when the bus was tiying to negotiate a curve to come to the bridge on the canal, it suddenly turned towards left and fell down into a khud on that side causing serious injuries to Mala Singh on account of which he died at a later stage. A claim for Rs. 52,500/- has been put forward in a petition under Section 110-A of the Motor Vehicles Act.

(3.) The defence in the claim was that the driver was not guilty of rash and negligent driving and the accident took place only on account of his efforts to avoid hitting an old lady, who had suddenly tried to cross the road and in the process the wheels of the vehicle slipped and went into a ditch by the side of the road.