URMILA Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN an accident between a scooter and the Haryana Roadways bus HRT 5240 Sudesh Kumar and the other person on the scooter, namely, Harinder Singh, sustained serious injuries as a result of which they later died. This happened on the Hissar-Delhi Road near the Veterinary Hospital, Rohtak, at about 8. 30 p. m. on October 17, 1982. The claim for compensation put forth by the widow and minor son of Sudesh Kumar deceased has been declined by the Tribunal holding that the accident had been caused mainly due to the rash and negligent driving of the scooter and not the bus. Herein lies the challenge in this award.

(2.) ACCORDING to the claimants, Sudesh Kumar and Harinder Singh were going towards their residences on scooter on the correct side of the road, when the bus coming from the opposite direction and on account of rash and negligent driving came on its wrong side of the road and hit into the scooter as a result of which Sudesh Kumar and Harinder Singh sustained injuries and later died.

(3.) THE bus driver and the General Manager, Haryana Roadways, on the other hand, attributed the entire blame of the accident to Sudesh Kumar and his companion Harinder Singh as was their version that when the bus reached near the Vaterinary Hospital, the scooter was coming from the opposite direction being driven in rash and negligent manner, seeing this the bus driver stopped the bus on the left side of the road to enable the scooter to pass but it came and hit into the front portion of the bus.