AMRIT KAUR Vs. CHANDIGARH TRANSPORT UNDERTAKING

JUDGEMENT

(1.) THE challenge in appeal here is to the denial of compensation to the widow and children of Avtar Singh deceased, who was killed in an accident with the bus CHW 3502. This result flowing from the finding of the Tribunal against the claimants, on the issue of negligence.

(2.) THE accident occurred at about 6 p. m. on August 13, 1983 in the Industrial Area, Chandigarh. It was the case of the claimants that Avtar Singh deceased was proceeding towards the old workshop in the Industrial Area, Chandigarh on his Hero Majestic CHN 1937 when the bus CHW 3502 came there from the opposite direction at a very fast speed and hit into the Hero Majestic while going on to its wrong side of the road. The Hero Majestic came under the left front wheel of the bus as a result of which Avtar Singh was thrown at a great distance and he thereby suffered serious injuries as a consequence of which he was killed at the spot.

(3.) ACCORDING to the bus driver, on the other hand, the accident occurred due to the negligence of the deceased himself. The version put forth by him being that he was taking his bus from the old workshop to the new workshop and when he reached near the turning of the Transport Area, he saw the deceased on his Hero Majestic overtaking a stationary truck, in a negligent manner. In order to save him, he swerved his bus towards his extreme right, but the deceased could not control his Hero Majestic and he thus came and hit against the left front wheel of the bus and then fell down and sustained injuries. He and the other employees of the Chandigarh Transport Undertaking then got the deceased admitted in the General Hospital, Chandigarh.