G.P.SINGH, K.K.DUBE
Vidya Devi – Appellant
Versus
Madhya Pradesh State Road Transport Corporation – Respondent
G. P. SINGH, J. : - This is an appeal under Section 110-D of the Motor Vehicles Act, 1939. On 24th July, 1968 there was an accident in Jabalpur at the crossing of two roads which will be referred to as Katni road and Stadium road. Katni road goes from bus stand to Katni and Stadium road from Shahid Smarak to the Stadium. The vehicles involved in the accident were Bus No. M. P. K. 5033 owned by the Madhya Pradesh State Road Transport Corporation and a motor-cycle driven by Inderjeet Singh. The bus, which at the relevant time was driven by Corporation's driver Abdul Bashir, came from the bus-stand and was proceeding towards Katni. The motor-cycle came from Shahid Smarak side. It collided with the front portion of the bus on the right hand side. Inderjeet Singh sustained fracture of the skull in this accident and died soon thereafter in the hospital. The deceased's widow Vidya Devi and infant son Amarjeet Singh applied to the Claims Tribunal, Jabalpur, for award of compensation. The Tribunal held that the claimants failed to prove negligence on the part of the driver of the bus and the facts and circumstances of the case established that the deceased himself was negligent. On
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