BIMLESH Vs. H P R T C
LAWS(SC)-1996-1-189
SUPREME COURT OF INDIA (FROM: HIMACHAL PRADESH)
Decided on January 18,1996

BIMLESH Appellant
VERSUS
H P R T C Respondents

JUDGEMENT

- (1.) Delay condoned.
(2.) Leave granted.
(3.) In view of the facts which are undisputed or are found proved, it is clear that the negligence of the bus driver as a cause of the fatal accident has to be held proved. The bus was coming downhill while the deceased was going on a motorcycle uphill and the accident occurred on a curve. The traffic rules require precedence to be given to the traffic moving uphill by the traffic going downhill. This duty of the bus driver coming downhill was even greater on a curve. Moreover, the distance to which the motorcycle was pushed back as a result of the impact and the distance at which the motorcyclist fell after the impact with the bus indicate that the bus was being driven at a comparatively high speed while coming downhill even when the bus driver had spotted the traffic moving uphill on a curve.;


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