SUBE SINGH Vs. KRISHAN KUMAR

JUDGEMENT

(1.) By this common judgment, two F.A.Os. No. 179 and 179 of 1986 and Cross-Objections No. 68-CII and 69-CII of 1986 can conveniently be disposed of together as both these appeals arise out of the same accident.

(2.) The relevant facts are that on 7.4.1984 Smt. Chandro wife of Jai Dayal, Caste Harijan, was coming from Taoru. When she reached near Taoru bus stand it was alleged, the father of Sube Singh requested Chandro to take the deceased and her brother Naresh to village Langra. Chandro was going to that village. She agreed and alighted from the bus at the bus stop of village Patheri. She had earlier taken a tempo. She took the deceased and her brother to Kacha portion of the Patri on the opposite side. The deceased and her brother were made to stand there. Thereafter, she went back to the tempo for taking out the luggage. When the deceased and her brother were standing at the pavement of the road, a Jeep bearing No. HIL-3870 driven by Krishan Kumar came from the side of Bilaspur Chowk. It was being driven in a rash and negligent manner. No horn was given. It dashed against the deceased and her brother. After hitting them, the driver made good his escape. Both the children fell down due to the impact.

(3.) The deceased sustained injuries on her head and on her leg. Some bones of her fore-head were also fractured. The brother of the deceased sustained injuries on his fore-head. The deceased as well as her brother were taken to the hospital at Taoru and they wee referred to Safdarjang Hospital. Both the injured were admitted there. The deceased died as a result of the injuries.