PUNJAB STATE Vs. KRISHNA DEVI AND ORS.

JUDGEMENT

(1.) MR . Ram Sarup, Assistant Accountant in the Head Post Office at Hoshiarpur was run over and killed by Punjab Roadways Bus No. PNJ -6139 while he was going on foot on Afghan Road, a busy bazar inside Hoshiarpur City at about 6.00 P.M. on December 13,1961. His age at the time was about 41 or 42 years His companion, Mr. K.K. Saini, A.W. lodged a report, Exhibit A Wl/1, at the Police Station about this accident "within half an hour.

(2.) ON a claim being filed by the deceased's widow aged about 35 years and six children aged between. 5 years to 21 years, the Motor Accidents Claims Tribunal has awarded them a sum of Rs. 9,600/ - only as compensation under Section 110 -A of the Motor Vehicles Act. The Tribunal made the driver of the bus involved in the accident liable to the extent of 50 percent only for his rash and negligent driving on the assumption that the deceased had also been guilty of contributory negligence. Both the parties feel aggrieved and have filed cross appeals Nos. 19 and 38 of 1964. This order shall dispose of both these appeals as they involve common questions of law and fact.

(3.) THE driver of the bus was challenged for rash and negligent driving. The findings of the Criminal Court on the basis of which he has been acquitted are not known. It can be that the identity of the driver had not been established in the criminal case. For purposes of deciding a claim under the Motor Vehicles Act the identity and ownership of the bus would have to be established and it would not make any material difference as to who was the person behind the steering wheel as long as he was found to be rash and negligent in his driving.