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1996 Supreme(All) 1229

C.A.RAHIM
RAJ MANGAL SINGH – Appellant
Versus
U P STATE ROAD TRANSPORT CORPORATION LUCKNOW – Respondent


Judgement Key Points

Based on the provided legal document, the case involves a motor vehicle accident where a bus crossed over to the wrong side of the road and collided with a motorcycle, resulting in the deaths of both riders. The court established that rash and negligent driving is not solely determined by speed but also by other circumstances such as crossing over to the wrong side and the density of traffic (!) (!) .

In this case, the evidence indicated that the bus driver was driving at a high speed and crossed over to the wrong side, which was a contributing factor to the accident. The motorcyclist was on the correct side of the road and was following the rules, so there was no contributory negligence on their part (!) (!) (!) .

The court emphasized that rash and negligent driving includes not only speed but also other reckless behaviors like crossing over to the wrong side or losing control of the vehicle. It also highlighted that the driver’s inability to control the bus after hitting buffaloes and the subsequent collision with the motorcycle demonstrated negligence (!) (!) .

Furthermore, the court clarified that the speed alone is not the sole criterion for negligence; factors such as the circumstances of the accident, control of the vehicle, and adherence to traffic rules are relevant (!) (!) .

In summary, a motorcycle colliding with a bus involves assessing whether the bus driver was negligent by considering the circumstances leading to the accident, including whether the driver was driving at a reckless speed or crossing over to the wrong side unlawfully. The motorcyclist's adherence to traffic rules and the behavior of the bus driver are crucial factors in determining negligence and liability (!) (!) (!) .


C. A. RAHIM, J.

These two appeals arise out of the judgment and order passed by the Motor Accident Claims Tribunal (1st Additional District Judge), Basti on 29-1-1982 in Claim Petition No. 27 of 1980 allowing the compensation to the dependents of the victim Sher Bahadur Singh alias Vinod Kumar Singh, who died in an acci dent when they were going on a motor cycle, with Bus No. U. T. A. 9100 of U. P. State Road Transport Corporation (U. P. S. R. TC. in short ). Learned Tribunal Judge allowed Rs. 63, 400 towards com pensation with 6% interest to the heirs of the deceased.

2. A claim petition under Section 110-A of Motor Vehicles Act was filed by Raj Mangal Singh, father of the deceased, aged about 48 years, Smt. Karma Devi, mother of the deceased, aged about 45 years and Sri Yogendra Bahadur Singh, brother of the deceased, aged about 27 years. Their case was that the victim was going on a motor cycle alongwith the rider, a motor mechanic from Basti to Faizabad. When they reached near village Shanker-pur a night Bus No. U. T A. 9100 came from opposite direction, went to extreme right in a very high speed and dashed the motor cycle which was on the proper side, with the result that both





















































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