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1988 Supreme(Del) 50

S.B.WAD
KRISHNA RANI – Appellant
Versus
RAM SARUP – Respondent


Advocates Appeared:
A.K.GOHIL, AJIT PUDDSSERY, M.M.KALRA, M.M.SARIN, SUSHIL SALVAN

S. B. Wad

( 1 ) THIS is an appeal filed by the claimants against order of the Motor Accidents Claims Tribunal dated 18. 3. 1986 rejecting the claim for compensation.

( 2 ) THE accident took place on 3. 2. 1980 at about 9. 00 p. m. somewhere around Bhagat Singh Market. The bus, bearing No. DEP 3838, hit the deceased Bhag Ram Ahuja while taking a turn in great speed. The deceased was taken to Ram Manohar Lohia Hospital where he was declared dead. Ramji Dass is the eye-witness. He was disbelieved by the Tribunal. The Tribunal also found that no site plan nor the inspection report of the vehicle was produced by the claimants. The Tribunal, therefore, dismissed the claim petition.

( 3 ) EYE-WITNESS, Ramji Dass, had stated in his evidence that he was travelling in the bus which caused the accident and was sitting on the front seat near the driver. He stated that the bus was being run at a high speed of about 50 kilometres per hour and the passengers in the bus asked the driver not to drive the bus at such a fast speed, but he did not heed to it. When the bus reached near Madras Hotel, the driver took a sharp turn at a great speed and the deceased was run over by the bus. The bus stopped 3






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