GIAN SINGH Vs. RAJINDER SINGH

JUDGEMENT

(1.) IN a head-on collision between the truck PND-5113 and the bus PUK-866, Kuldip Singh the truck driver was killed while its cleaner Meeka Singh and the bus driver Gian Singh-sustained injuries. This happened on January 11,1976 at about 7.45 A.M. near Khadoor bridge on the Ferozepore-Jalandhar Road.

(2.) IT was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of the bus driver. The claim for compensation put forth by the bus driver, Gian Singh, was consequently declined, while Rs. 26,000/- were awarded as compensation to the widow and two minor children of Kuldip Singh deceased and Rs. 5,000/- to Meeka Singh for the injuries suffered by him.

(3.) ELOQUENT testimony of the accident is provided by the photographs exhibits R/2 to R/8, which were taken by R.W. 2 Madam Chopra, photographer of Zira, on the day of the accident. The extent of the damage as shown therein makes it evident that one of the vehicles must indeed have been coming at a very fast speed. This in turn, would mean that the fog, even if there, at that time could not have been so thick as to curtail visibility to such an extent that no vehicle could dare travel at a fast speed. It may be mentioned here that great emphasis was sought to be laid upon fog there by Mr L.M. Suri, counsel for the bus-driver. If there was indeed thick fog, it is obvious that neither the bus nor the truck could have been driven otherwise than slowly, which was certainly not the case here.