UNION OF INDIA Vs. OM LATA

JUDGEMENT

(1.) Several Passengers sustained injuries and one, namely Dr. Sudesh Kumar Later died too as a result thereof when the Chandigarh Transport Undertaking Mini-Bus CHW-3537, they were travelling-in, turned turtle in an accident with an oil-tanker HRA-7911. This happened on September 11, 1977, at about 3.30 P.M. at the T-Junction near Modella Factory on the dual carriage way between the Industrial Area and Sectors 28 and 29, Chandigarh. The bus had come from Sector 29 and was crossing the lane on that side when the oil-tanker coming on that lane, hit into it.

(2.) The Tribunal held this to be a case of contributory negligence apportioning 70 per cent of the blame to the bus-driver and the other 30 per cent upon the driver of the oil tanker. A sum of Rs. 1,08,000/- was awarded as compensation to the claimants, they being the parents, widow and two minor children of Dr. Sudesh Kumar deceased.

(3.) Having regard to the evidence on record and the circumstances in which the accident occurred, the finding of contributory negligence cannot indeed be sustained.