LAJWANTI Vs. HARYANA STATE

JUDGEMENT

(1.) The controversy in appeal here is with regard to the liability of the State of Haryana for the accident caused by a Haryana Roadways Bus driven away by a stranger while the driver and conductor thereof were sitting at a way-side tea-stall taking tea or drinks, as the case may be.

(2.) Krishan Kumar, deceased, was proceeding on his cycle when a Haryana Roadways Bus No. HRB-4427 came from behind and ran him over. He died at the spot. This happened on Oct. 13, 1978 at about 6.30 p.m. near Barwala in district Hissar. There is no dispute that this accident had been caused by the rash and negligent driving of the bus-driver.

(3.) According to the claimants, when the accident occurred, the bus was being driven by Suraj Bhan. It was said that while the bus-driver Bhim Singh and Mahabir Singh the conductor thereof started taking liquor, on reaching Barwala, Suraj Bhan got into the bus and drove it away and then caused this accident.