SURJIT PAVITAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE challenge in appeal here is to the award of Rs. 1,06,000/- as compensation to the mother and brother of Lieutenant Harpreet Singh deceased, who was killed when the Punjab Roadways bus PUK 7142, he was travelling in, hit into the stationary truck PUR 5197, loaded with cement poles parked on the roadside. This happened on July 3, 1982 at about 10 p. m. near village Belongi on the Kharar-Chandigarh Road. The Tribunal held this to be a case of composite negligence of both the drivers of the bus as also of the truck. Negligence being apportioned at 60 per cent as that of the bus driver and 40 per cent of the truck driver.

(2.) CONSIDERING the circumstances and the manner in which the accident occurred, no scope is provided here for doubting the fact that the accident had been caused due to the negligence on the part of both the offending vehicles. The only question that arises for determination is the extent to which responsibility for the accident deserves to be apportioned between the two offending drivers.

(3.) ACCORDING to the bus driver, RW1 Sarwan Singh, but for the fact that the truck had been parked in the middle of the road, the accident would not have taken place. A reference to the photographs, Exhs. P-l to P-3, would, however, show that the truck can, by no means, be said to have been parked in the middle of the road. These photographs show it to be parked very much on one side of the road with only one edge of the metalled portion of the road being under its wheels on the right hand side.