RAJASTHAN STATE ROAD TRANSPORT Vs. KANTI DEVI

JUDGEMENT

(1.) DAN Bahadur Singh, Assistant Professor of Agricultural Engineering at Haryana Agricultural University, Hissar, while on his way to the Extension Farm of the University was run over and killed by a Rajasthan State Road Transport Corporation Bus. This happened at about 8.30 a.m. On September 12, 1975, near the outer Gate No. 3 of the University on the Balsmand Road.

(2.) IT was the finding of the Tribunal that the accident here had been caused by the rash and negligent driving of the bus driver. A sum of Rs. 1,20,000/- was awarded as compensation to the claimants, they being the widow and four minor children of Dan Bahadur Singh deceased.

(3.) THE three eye-witnesses examined by the claimants were all natural witnesses there PW 7 Krishan Parshad and PW 9 Data Ram being the chaukidars of the two gates on the opposite sides of the road while PW 5 Chandgi Ram had a tea stall there. All these witnesses were consistent in their testimony that the bus had come on to the kachcha portion of the road on its left and then hit against the motor cycle of the deceased. The deceased, according to them had not got on to the metalled portion of the road. Seeing the bus, he had turned his motor cycle to the left when the bus came and struck against him. It has further come in evidence that there was a speed breaker near outer Gate No. 3 which lends further assurance to the speed of the motor cycle being slow at that time.