HARYANA STATE THROUGH SECRETARY Vs. SHANTI DEVI

JUDGEMENT

(1.) THE challenge here is to the award of compensation to the widow and children of Roora Ram deceased who was killed in an accident with the Haryana Roadways Bus HRA 9953. A sum of Rs. 39,200/- had been awarded to them as compensation on the finding that the accident had been caused by the rash and negligent driving of the bus driver. This is the finding now assailed in appeal.

(2.) THE occurrence here is of March 2, 1978, and it happened at about 6 p.m. near Kakrali on the Ambala-Raipur Rani road. Roora Ram deceased had come on to the main road from the link road coming on to it from village Todawali. He was on his cycle with an umbrella in one hand as it was raining at that time. There was also fast wind blowing.

(3.) THE bus driver, on the other hand, took the plea that the accident occurred when the deceased suddenly came on to the main road from the link road and then on seeing the bus failed to control his cycle on account of rain and wind and his having an umbrella in his one hand. It was said that as a result thereof his umbrella got entangled with the rear glass of the bus and then the accident took piece. In other words, it was the deceased himself who was responsible for the accident.