PURSHOTTAM DAS GOYAL Vs. SANT LAL

JUDGEMENT

(1.) THIS is an appeal under Section 110 -D of the Motor Vehicles Act, 1939 filed by the claimants, who were the father and mother respectively of the deceased Gyan Chand, who was going on 27.6.1984 from village Gurdhanpura to Pragpura with his grand -uncle by Jonga jeep, against the award dated 21.1.1987 passed in Case No. 251 of 1984 by the Motor Accidents Claims Tribunal, Jaipur.

(2.) WHEN the deceased Gyan Chand, along with his grand -uncle, reached Pragpura and was crossing the road then suddenly Sant Lal came from Jaipur side by driving bus No. HRU 5944 with excessive speed having no control on the vehicle. He did not blow the horn and suddenly came on the wrong side of the road and hit the bus with the deceased Gyan Chand, who died on the spot due to serious injuries.

(3.) THE respondents although admitted that the accident took place, but alleged that the death was caused due to the negligence of the deceased Gyan Chand and not that he was run over by the bus aforesaid.