SMT. AMINA BEGAM Vs. RAM PRAKASH

JUDGEMENT

(1.) THE plaintiff, Ram Prakash met with an unfortunate accident at about 1-O clock in the noon on 16th Feb., 1965 in the town of Etah. As a result of this accident he sustained multiple fractures in his left leg.

(2.) IT is not in dispute that the defendant is the owner of Bus No. UPT 713 which was being driven at the time of accident by the defendant s driver Fazal Ahmad, who was its sole occupant at the time of the accident. The bus was proceeding on the G. T. Road from east to west and when it reached near the shop of the plaintiff it swerved towards the north and hit the plaintiff, who was sitting in front of his shop and doing his work as a painter. The impact caused the injuries stated above to the plaintiff.

(3.) THE defendant raised a number of pleas in his written statement. In this second appeal however, we are concerned only with the plea put forward on her behalf that the accident was a result of a latent defect in the vehicle inasmuch as its brakes suddenly failed and the steering wheel became free on account of the bolt of the push and pull rod going out of order. Fazal Ahmad it is stated lost control over the steering wheel.