SHAHABUDDIN Vs. DAYALA AND ANR.
HIGH COURT OF RAJASTHAN
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Guman Mal Lodha, J. -
(1.)THIS appeal is directed against the award passed by the learned Judge of the Motor Accidents Claims Tribunal, Tonk, dated 15th November, 1976. This appeal relates to an accident which took place on 4th January, 1975 in which the wife of the Respondent No. 1, Dayalaram, namely Gulab Devi expired. The Respondent No. 1 had filed a claim petition claiming Rs. 56,020/ - against the Appellant Shahabuddin and the Rajasthan State Road Transport Corporation, Jaipur.
(2.)IT is not in dispute that Shahabuddin, the Appellant, was the driver of the vehicle bus No. RRL 1923 and the deceased, Gulab Devi, died in an accident. As alleged, while Gulab Devi, wife of the Respondent No. 1 was going towards Sabzi Mandi of Tonk city, on the road to Malpura, Corporation's vehicle came and struck Gulab Devi.
Mr. K.N. Tikku, the learned Counsel for the Appellant -driver, submitted that the accident did not occur by the front side of the bus but, when the Appellant was taking the vehicle to Malpura bus stand, it can be guessed that the speed was slow. Gulab Devi died accidentally as she was hit by a cow with the result, she came under the back wheel of the bus and consequently died.
(3.)ON a careful analysis of the evidence, I am in agreement with the finding of the Tribunal that Narayan (PW 2), Nanda (PW 3) and Motilal (PW 4) have corroborated and proved that the vehicle was coming at fast speed and further that the accident took place on account of rashness and negligent driving of the driver of the vehicle.
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