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K.B.ASTHANA, C.S.P.SINGH
BISBAMBER SAHAI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


JUDGMENT :

C.S.P. Singh, J.—This is an appeal by the Plaintiffs arising out of a suit for compensation of Rs. 35,000/- filed against the Defendant on 14.2.1964. Panna Lal deceased was driving a Farguson tractor on Shamli-Shahdara road in the district of Muzaffarnagar. Mr. Krishna was accompanying him at that time. The Plaintiff's case is that the tractor was being driven by Panna Lal deceased at a normal speed of 8 miles per hour and when it reached near Village Lilon, a Roadways Bus No. USL-9275 belonging to the defendant No. 1 which was being driven by Dhara Singh defendant No. 2, came from the opposite direction at a high speed, and dashed against the tractor, as a result of which Panna Lal deceased sustained grievous injuries and the tractor, which was being driven by him, was irreparably damaged. The front part of the tractor rammed into the bus and was broken. The accident was the direct result of the rash and negligent driving of bus by Dhara Singh, the Defendant No. 2. The accident could have easily been avoided had the driver of the bus exercised due care and skill, while driving the vehicle. Mr. Krishna was also injured in the collision. Defendant No. 2 did not care to pro

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