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1983 Supreme(P&H) 456

S.S.SODHI
District Transport Co-operative Society Ltd. , Amritsar – Appellant
Versus
Janak Rani – Respondent


Judgment

1. Madan Lal Sharma, a Radio Operator at the Aeronautical Communication Station. Raja Sansi, Airport, Amritsar was on his way to Amritsar on his scooter with Tarlok Singh on the pillion seat thereof, when he was run over and killed in an accident with a bus proceeding towards Ajanala on the Amritsar-Ajnala Road. This happened at about 4 P.M. on May 14, 1976.

2. It was the case of the claimants that Madam Lal Sharma, deceased, was trying to turn his scooter on the correct side of the Amritsar-Ajnala Road, when the bus PNO-2720 coming from the opposite direction at a very fast speed suddenly swerved towards its right without blowing any horn and struck against his scooter.

3. According to the counter version of this accident on the other hand, the fault lay entirely with Madan Lal Sharma, deceased, who it was said had suddenly come on to the main road from a side road and that too from its wrong side and struck against the bus. The bus driver tried to avert the accident, but failed to do so.

4. It was the finding of the Tribunal that the accident here had been caused by the rash and negligent driving of the bus driver, but there was also contributory negligehce on the part of






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