BHIM SEN Vs. BHAGWANTI DEVI

JUDGEMENT

(1.) THE claim for compensation here arises from the death of Sewak Ram, who, it was stated, was killed in an accident while proceedings towards Tajewala Head Works from Khiderabad. This happened on 15th October, 1979 at about 7 P.M.

(2.) IT is the case of the claimants that Sewak Ram was travelling on a cycle on the main road when a motor-cycle DHV 1563 driven in a rash and negligent manner by Bhim Singh came from behind and hit into the cycle as a result of which Sewak Ram fell down and sustained a head injury as a consequence of which he died at the spot. It was stated in the claim application that the motor cycle had no light at that time nor was any horn blown. The cause for the accident was thus attributed to the rash and negligent driving of Bhim Singh.

(3.) THE finding of negligence recorded against Bhim Singh warrants no interference in appeal. The manner in which the accident took place stands established by the testimony of P.W. 4 Jaswant Singh and P.W. 5 Hukam Chand, eye-witnesses to the occurrence. Jaswant Singh P.W. deposed to the rash and negligent driving by Bhim Singh and that the motor-cycle had come from behind and hit into the cycle of the deceased which was on its correct side of the road. It was further the testimony of both P.W. Jaswant Singh and P.W. 5 Hukam Chand that after the accident, they removed the injured Sewak Ram to the hospital at Khiderabad.