BALWAN SINGH Vs. TRANSPORT COMMISSIONER & ANR

JUDGEMENT

(1.) Heard the learned counsel for the parties at length.

(2.) In reply to the charge-sheet the petitioner's defence was that the right front tyre of the Roadways bus he was the driver of was worn out and had to be replaced in the Depot Workshop by the Tyreman on duty before journeying out to destination point. The tyre was changed with substandard replacement. During the journey the tyre burst which caused the accident and resulting injuries to passengers and damage to the Bus. The photograph of the stationary bus taken at the time and place of accident is on record as Annex. P-1 which affirms that the tyre was on the front right hand side which made the vehicle veer off the berm and ploughed into agricultural fields alongside the highway.

(3.) The Tyreman deputed to change the bad tyre in the workshop was not produced as a witness by the prosecution in the enquiry proceedings. The best witness was withheld by the respondents and therefore, the enquiry officer was wrong in assuming that a sharp edged material had caused the tyre to burst during the trip. The testimony of the Head Tyreman Kalu Ram was recorded in the enquiry, speaking from the record which is not sufficient direct evidence against the petitioner, since he was not on the spot when the tyre was changed. The enquiry officer has falsified the version of the petitioner on the basis of statement of Kalu Ram, Head Tyreman who had no personal knowledge as to who changed the tyre before the journey began. At least this much is not in doubt that the front right tyre was changed on June 25, 1991, the day of the accident while passing by at a place near Gumthala. In these circumstances, the enquiry officer erred in accepting the version of Head Tyreman Kalu Ram that the accident was caused due to the negligence of the petitioner and not due to the uneven tyre that is said to have caused the mishap.