PUNJAB STATE Vs. ONKAR NATH

JUDGEMENT

(1.) THE challenge in appeal here is to the award of Rs. 54,000/- as compensation to the parents, sisters and brothers of Som Nath deceased, who was killed when the Punjab Roadways bus PUE 9929, he was travelling in, overturned. This happened on the Hoshiarpur-Mahilpur Road at about 2. 15 p. m. on September 13,1982. It was the finding of the Tribunal that the bus driver was entirely to blame for this accident.

(2.) THE conclusion arrived at on the issue of negligence warrants no interference in appeal. It is the common case of the parties that the bus in which Som Nath deceased was travelling did indeed turn turtle. According to the claimants, this happened as the bus went out of control on the steering-wheel getting free, whereas the plea put forth on behalf of the bus driver and the State of Punjab was that the bus overturned when it went on to the kacha portion of the road on its left to enable a truck following it to pass. This kacha portion was said to be sandy and this is what led to the bus overturning.

(3.) IT would be pertinent at the very outset to note the testimony of the investigating officer, PW 12, Sub-Inspector Balkar Singh, who deposed that on mechanical examination, the steering-wheel of the bus was found to be free and its brakes too were defective.