SAMITRA DHAWAN Vs. JASWANT SINGH

JUDGEMENT

(1.) KHARAITI Lal Dhawan, while crossing the road was run over and killed by the Chandigarh Transport Undertaking Bus CHW-3519. This happened on Dec. 12, 1977 at about 8. 45 p. m. on the road between Sector 22 and the Bus Stand in Sector 17, Chandigarh.

(2.) THE road where the accident took place is one of the busiest in Chandigarh with buses coming on this road for entering into the Bus Stand every two minutes. Besides this, there is other traffic too. The accident took place at night time and in the centre of the road. This is a rather wide road with its width being about 50 feet. The evidence on record also shows that the bus stopped at a distance of 40 to 50 feet from the place where the accident occurred.

(3.) IT was the finding of the Tribunal that this was a case of contributory negligence with 40 per cent of the negligence being apportioned to the deceased and 60 per cent as being that of the bus-driver. A sum of Rs. 25,920/- was awarded as compensation to the claimants they being the widow, five children of Kharaiti Lal Dhawan--deceased.