HIMACHAL ROAD TRANSPORT Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) ON October 20, 1982, at about 7.30 A.M. Ram Parkash Charge-man, Special Grade, of the Bhakra-Beas Management Board was going on his cycle on the road along the Bhakra canal when the but HPK-7224 came from behind and ran him over. Ram Parkash was killed at the spot as a result of the injuries sustained by him in this accident. According to the claimants, Ram Parkash, deceased, was traveling on his correct side of the road when the bus being driven in a rash and negligent manner came from behind and knocked him down.

(2.) THE version of the respondents, on the other hand, was that the cycle of the deceased, after striking a stone, lying on the road, fell towards the bus and the deceased struck against the left side of the bus and thus sustained injuries. It was denied that the accident had been caused on account of rash and negligent driving of the bus-driver.

(3.) THE case of the claimants rests upon the testimony of P.W. 3 Mangat Ram, who deposed that he was returning to Jawabar Market when he saw Ram Parkash deceased, coming from the opposite direction on his cycle. The cycle was on the left side of the road when the bus came from behind and knocked him down. He then rushed to the scene and enquired about his condition and then removed him from under the bus to the Nangal Hospital. Jagan Nath, who was coming on his motorcycle from the same direction, was then deputed to inform the family members of Ram Parkash of this incident.