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1975 Supreme(J&K) 82

MUFTI BAHA-UD-DIN FAROOQI
Dulari Kaul – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: J.L. Chowdhry
Advocate For Respondent: M.A. Nehvi

1. This is a suit for damages in forma paupris. The plaintiffs are the legal representatives o£ one, Badri Nath Kaul, who died on September 10, 1966 as a result of a bus accident at a place called Roshangar Mohalla, Nowhatta, Srinagar. The bus was owned and operated by the Govt. Transport Undertaking, defendant No. 2 a State Govt. concern, through its servants, defendants 3&4, driver and conductor of the bus respectively. The plaintiffs seek to recover from defendants damages to the tune of Rs. 50,000/- for the death of the deceased occasioned, as they allege, it was due to rashness and negligence on the part of the driver and conductor of the bus in the course of their employment by the State in the Govt. Transport Undertaking.

2. The material facts stated in the plaint "are these: On the fateful day Badri Nath was standing on the roadside in the neighbourhood of the place of occurrence to get a lift upto Amirakadal. A Government Transport bus bearing No. 7620/ J&K came from the Jamma Masjid side on its way to Amirakadal. The bus was incharge of defendants 3 and 4 as its driver and conductor. On seeing a civil bus coming from the opposite side in the street ahead, which is not w































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