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1968 Supreme(P&H) 85

R.S.SARKARIA
Prem Lata And Others – Appellant
Versus
State Of Punjab And Another – Respondent


JudgmentJudgment

1. This is a first appeal directed against an order, dated 2nd July, 1963, of the Motor Accidents Claims Tribunal, Punjab Chandigarh, by which he dismissed a petition filed by Shrimati Prem Lata, widow, and other legal heirs of Sohan Lal Mehta deceased.

2. On 10th February, 1963, at about 1.45 P.M. at Bus-Stand, Abohar, Bus No. PNA-6193 of the Punjab Roadways, Amritsar, was being reversed. The deceased while trying to cross the road at the rear of the bus was knocked down and was run over by the rear wheel of the bus. The by-standers, including Ramesh Kumar, son of the deceased, raised an alarm, whereupon the driver stopped the bus just before the deceased could be run over again by the front wheel of the bus. In the claim petition, it was alleged that the accident took place due to the rash and negligent driving of the driver, who reversed the bus at great speed without the help of the conductor and without bothering to look back, and that no horn was blown by the driver. After considering the pleadings, the Tribunal framed these two issues :

1. Whether the accident took place due to the negligence of the driver of the Punjab Roadways Bus No. PNA- 6193. 2. What is










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