STATE OF HARYANA Vs. SATYA DEVI AND OTHERS

JUDGEMENT

(1.) THE State of Haryana, can it be held vicariously liable for an accident caused by a Haryana Roodways bus driven not by its driver but by one of the passengers thereof ? Herein lies the controversy raised in appeal.

(2.) THE accident in this case took place on 4th July, 1976, at about 9.30 p.m. The Haryana Roadways Bus HRA 9950 came from behind and ran over and killed Pawan Kumar deceased who was travelling on his motor cycle.

(3.) THERE is no challenge to the finding of the Tribunal that the accident here had been caused due to the negligence of the person driving the bus. It is also not disputed that at the time of the accident, the bus was being driven not by the bus driver Baldev Raj, but by a passenger travelling in the bus.