RONGLU Vs. BEHARI LAL

JUDGEMENT

(1.) ON November 5, 1977 at about 3 P.M. Amar Singh, a peon of Guru Nanak Public School, Chandigarh, while travelling on his cycle was run-over and killed by a Punjab Roadways bus PUK-8118 at a crossing in Sector 35. The Tribunal found that the accident had been caused by the rash and negligent driving of the bus driver, but there was also contributory negli-gence on the part of the deceased to the extent of 20 per cent. The claimants here being widowed mother of the deceased and his two brothers were awarded a sum of Rs. 18,432/- as compensation, after making the requisite deduction on account of the contributory negligence of the deceased.

(2.) IN seeking enhancement of the compensation, in appeal, Mr. S.D. Sharma, counsel for the claimants in the first instance challenged the finding of contributory negligence recorded against the deceased.

(3.) TURNING to the evidence of the bus driver Bihari Lal, his version was that he came to know of the accident only when passengers sitting in the bus shouted that some cycle had struck into the bus. In other words, he had not even seen the cyclist. His testimony being that the bicycle had struck the hind portion of the bus. To a similar effect was the statement of RW. 2 Pritam Singh the bus conductor. The Tribunal rightly did not accept the statements of the bus driver and conductor in view of the eloquent testimony provided by the photographs taken by P.W. 3 Diley Singh which clearly point to the deceased having already crossed the centre of the road before the bus hit into him. Indeed they suggest that if the bus had been going on its correct side perhaps no accident would have taken place. What is of telling effect here is the damage visible on the front right side of the bus. There is no explanation forth-coming from the bus driver or conductor to account for it.