SMT. PHOOLO Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) THE accident here occurred on the Bahadurgarh -Jhajjar Road at about 6.30 P.M. on November 30, 1975. Ram Kumar, deceased, was returning home with his bullocks and harrow, when the Haryana Roadways bus HRR -2927 came from behind, hit into a bullock and also knocked him down. It was as a result of the injuries. sustained by him, in this accident, that he later died.

(2.) THE claim for compensation put in by Smt. Phoolo, the mother of Ram Jimar, deceased, was negatived by the Tribunal holding, that she had failed to prove that the accident bad occurred due to the rash or negligent driving of the bus driver. It is this finding that now stands challenged in appeal.

(3.) THE version of the Respondent, bus driver, Mohar Singh on the other hand, was that the bus came there at a very slow speed The deceased was driving his bullock cart carelessly and as a warning, the horn had been blown. The bullocks got frightened and suddenly came on to the wrong side of the road and thereby caused this accident. The accident, it was said, had been caused by the negligence of the driver of the bullock -cart, who could not control the bullocks.