VIDYA WATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) ASHOK Kumar aged 28 who was employed as a messenger in Sate Bank of India lost his life in a road accident on 14.1.1984 on G.T. Road in front of Bus Stand at Ambala Cantt. The bus in question No. HRX-1623 was allegedly driven by Budhu Singh rashly. The occurrence was reported by Ram Lai, a tea-vendor of Bus Stand, Ambala Cantt. The claim petition under Section 110-A of the Motor Vehicles Act was dismissed by Shri R.P. Bhasin, Additional District Judge, Ambala acting as Motor Accident Claims Tribunal on 6-10-1984 and aggrieved against it the present appeal has been preferred.

(2.) THE important issue for consideration is whether accident took place on account of the alleged rash and negligent driving of bus No. HRX-1623 by Budhu Singh, respondent No,2, In para 23(a) of the plaint it has been averred that Ashok Kumar was on the correct side of the road at the Main Bus Stand, Ambala Cantt, when he was run over by Bus No. HRX-1623 driven by Budhu Singh, respondent No. 2. rashly and that the driver did not blow any horn. He had multiple injuries and was removed to the hospital where he died. The General Manager, Haryana Roadways Chandigarh filed a written statement in the trial court and took up the plea that a truck was ahead of the bus in question and one person fell out of the aforesaid truck to which he was clinging and he was not run over by another truck which too was in front of the bus in question and the deceased was not even touched by the bus of the respondent.

(3.) THE respondent made an attempt to rely upon the evidence of R.W.2. Ajit Singh, and alleged passenger of the bus itself. But in the cross-examination this witness has denied that any truck was ahead of the bus or that the deceased was run over by any truck. On the contrary, he has taken a third version as if the deceased was 'already lying' on the left side of the road and he pointed it out to the driver of the bus. Thus this changed version given by R.W.2 Ajit Singh in support of R.W.1 Budhu Singh the driver is not at all a convincing rebuttal. When a bus is passing on the GT. Road and especially from the locality where there is the main us stop, the driver is expected and required to be much more careful. Ram Lal complainant has denied that some sleeping pills were recovered from the pocket of the deceased. In conclusion, it is held that Ashok Kumar died on account of rash driving of Budhu Singh, respondent No. 2., notwithstanding that he has denied rashness. This contested issue No. l hereby stands decided in favour of the appellant and against the respondents.