DEVKINANGAN BANGUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the award of the Motor Accident Claims Tribunal, Fridabad, dated 12.8,1987 whereby claim of the appellant was dismissed.

(2.) IN the present case, Haryana Roadways Bus struck against the car of the claimants. Driver of car died on the spot. There were five occupants in the car who received serious injuries. Kama Devi was declared dead on anival at the hospital. On arrival in ihe hospital, Radha Devi was also declared dead. P. L. Dhanuka, claimant, and D. N Bangur, appellant also received serious injuries. They remained confined in the hospital in Delhi and Calcutta. The Tribunal framed the following issues :-

(3.) IN view of the evidence discussed above, it is clear that the driver of the bus was driving the bus rashly and negligently and on that account the accident had taken place. The magnitude of the accident which resulted into the death of three persons also shows that the bus was being driven at a high speed and due to the impact of the accident, serious injuries were caused to all the occupants of the car and had resulted into the death of three persons. This shows that the bus driver was driving the bus rashly and negligently. I think the learned tribunal did not correctly appreciate the evidence of the witnesses in coming to the adverse decision. In view of the above discussion, I hold that the bus was driven rashly and negligently. Thus this finding of the tribunal is reversed.