PUNJAB STATE Vs. KASHMIRA SINGH

JUDGEMENT

(1.) SEVERAL persons were killed and many other injured when a Punjab Roadways Bus PBA 9401 met with an accident with a truck PUB 1822 coming from the opposite direction. Amongst those killed were the two drivers as also Baldev Singh the son of the claimants, Narinder Singh and Jagir Kaur while their other son Kashmira Singh sustained serious injuries. Both Baldev Singh and Kashmira Singh were travelling in the bus when the accident occurred. This happened on March 29, 1984 at about 8.30 P.M. near village Chirk on the Moga-Kot Kapura bye-pass. The Tribunal returned a finding of negligence against the bus-driver and awarded Rs. 2,01,600/- as compensation to the parents of Baldev Singh deceased and Rs. 3,57,830/- to the claimant Kashmira Singh for the injuries suffered by him.

(2.) THE finding of negligence recorded against the bus-driver warrants no interference in appeal. As would be apparent from the photographs of the scene of occurrence taken by PW 8 Harbans Lal, the bus was completely on its wrong side at the place of accident whereas the truck was on its extreme left. Further, a strong ponter to the fast speed at which the bus must have been travelling is the extensive damage caused by it to the truck when it came and hit into it.

(3.) BESIDES this, there is the consistent testimony of PW 4 Kashmiri Lal, PW 5 Baldev Singh, PW 7 Narinder Singh as also that of RW 2 Jagga Ram, the owner of the truck that the accident occurred when the bus came completely on to its wrong side and hit into the truck which was travelling at a slow speed on the left side of the road.