SHAKUNTAL DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Soan alias Sawan Ram died in a motor accident which took place on 24.5.89. As per the averments made in the claim petition, Sawan Ram was going on his cycle near the Toll Post in Shahbad. He entered the G.T. Road and was on his left side on the kacha portion of the road when a bus owned by Haryana Roadways and driven by respondent Satya Pal Sharma rashly and negligently, hit the cycle. Sawan Ram fell on the road, received multiple injuries on different parts of his body and became unconscious. He was rushed to the hospital where he succumbed to the injuries. The occurrence was said to have been witnessed by one Tej Pal, resident of Shahbad who lodged first information report with the police. The widow and five children of Sawan Ram filed a claim petition seeking compensation for his death, against the State of Haryana, General Manager, Haryana Roadways, driver of the bus and National Insurance Co. Ltd. with which the bus was insured.

(2.) In the written statement filed by the State of Haryana and the General Manager, Haryana Roadways, it was stated that when the bus reached Shahbad, a cyclist came from Madanpur link road and turned to his left towards Shahbad Bus Stand and then suddenly turned to his right on the main road. Even though the driver of the bus had no idea that the cyclist would turn to his right while going on the main road, he at once applied emergency brakes but the cyclist who was himself negligent, dashed against the bus and fell on the road. It was specifically stated that driver of the bus was not at fault and the accident took place on account of the negligence of Sawan Ram himself. The driver of the bus did not file written statement. In the written statement filed by the insurance company, it was stated that its liability was limited to the extent of Rs. 1,50,000 only. On merits it was stated that the accident took place on account of negligence of the deceased himself who could not control his cycle, turned towards his right and dashed against the bus.

(3.) After the issues were framed in the petition, the claimants examined five witnesses, including claimant, widow of the deceased as PW 3 and Pawan Kumar, son of the deceased, as PW 5. On the other hand, the driver of the bus appeared in the witness-box as RW 1.