S.S.SODHI,J. - (1.) ON April 2, 1974 the claimant Didar Singh and one Ramesh Chander were involved in an accident with the Punjab Roadways bus PUG-5046. This happened on the G.T. Road, Jullundur City near the Industrial Estate by-pass. Didar Singh and Ramesh Chander were on cycles and the bus had come from the opposite direction when the accident occurred. Both Didar Singh and Ramesh Chander sustained serious injuries. Ramesh Chander, infact, succumbed to his injuries later that day and died in hospital.
(2.) THE claim put in by Didar Singh was negatived by the Tribunal in view of the adverse finding recorded against him on the issue of negligence. It is the correctness of this finding which thus emerges as the main point in controversy in the present appeal. It was the case of the claimant Didar Singh that he was travelling on his cycle on the correct side of the road when the bus coming from the opposite direction came on to the wrong side and struck against his cycle. The accident was thus caused by the rash and negligent driving of the bus driver.
(3.) THE version of the respondent-bus driver as set out in his return, on the other hand was, that he had been blowing the horn as he was approaching a Chowk. On hearing the horn Didar Singh fell down and sustained injuries. The plea taken being that Didar Singh had met with no accident with the bus.;