IQBAL KAUR Vs. HARDIP SINGH

JUDGEMENT

(1.) DENIAL of compensation to the claimants on the ground that they had failed to prove negligence of the offending bus driver cannot indeed be sustained.

(2.) HARDIP Singh and his two companions on the motor cycle were killed in an accident with the Punjab Roadways but PUH 5667 coming from the opposite direction. This happened on October 22, 1981, at about 8.30 p.m. on the Phagwara-Hoshiarpur road.

(3.) THE version of the respondents, on the other hand, was that the bus was being driven on its correct side at normal speed and it was the motor cycle which was being driven rashly and negligently. It was said that when the motor cycle came near the bus, it suddenly turned towards its right. Seeing this, in order to avoid the accident, the bus driver turned it towards its right, but the motorcycle came and collided with the bus. It was also alleged that the three persons on the motor cycle were under the influence of liquor.