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1987 Supreme(Del) 338

S.B.WAD
PANDIT RAM SAROOP – Appellant
Versus
BALBIR SINGH – Respondent


Advocates Appeared:
Keshav Dayal, Ravinder Dayal, S.K.Paul

S. B. Wad

( 1 ) THIS appeal is filed by the parents of deceased Naresh Kumar who died in a road accident on 3. 5. 1978. He boarded bus No. DLP 6059 at the General Store and was to get down at the Ordnance Depot, Shakurbasti, Delhi. The bus was plying on route No. 914 running from Punjabi Bagh to Nangloi. At the Ordnance Depot the bus did not stop and went ahead about ninety feet. When Naresh Kumar was getting down from the bus, the bus suddenly started. Naresh Kumar fell down and the rear wheel of the bus ran over him. He was taken to the hospital in the same bus by an eye-witness, Som Dutt, but he died on the way.

( 2 ) SOM Dutt, in his evidence, has fully supported this version of the accident. He has further stated that after running over the deceased the bus driver tried to speed away but he along with Azad Singh, Public witness 4, intercepted the bus and brought it to halt. He also stated that he took Naresh Kumar to the hospital in the same bus and informed the Police Station at Punjabi Bagh. Public witness 4, Azad Singh, is a natural witness. He has his tea stall near the bus stop. He has also fully supported the claimants version. The respondents version was that Naresh Ku







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