PAWAN KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This judgment will dispose of FAO Nos. 884 and 926 of 2006. Both appeals arise out of one and the same accident.

(2.) The accident took place on 10.09.2001 at about 7.45 p.m. on Rohtak-Jind Road near Village Bhagwatipur. The deceased-Anil kumar was riding home from work on his motorcycle. Due to headlights of the vehicles coming from the opposite side, the deceased was blinded and was not able to see a road roller parked in the middle of the road without any visible indications and his motorcycle struck the road roller resulting in the death of Anil Kumar.

(3.) The evidence on record indicates that the road was being constructed under the supervision of PWD(B&R), Department of Haryana Govt. A contract had been floated for repair/construction of the road and the same was awarded to the Labour Chowk, Cooperative L&C Society, Rohtak (hereinafter referred to as 'Society'). The said Society hired the concerned road roller from Ved Pal son of Sh. Shehdev Singh (respondent No. 5).