BACHAN KAUR AND ORS. Vs. JOGINDER SINGH AND ORS.
LAWS(P&H)-1983-10-83
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 06,1983

Bachan Kaur And Ors. Appellant
VERSUS
Joginder Singh And Ors. Respondents

JUDGEMENT

S.S. Sodhi, J. - (1.) ON May 8, 1975 at about 2 p.m. Bhagat Singh while travelling on his cycle on the G.T. Road was knocked down and run -over by the car DHD 89 near the Industrial Area, Ludhiana as a result of which he later died on his way to the hospital.
(2.) IT was the finding of the Tribunal, which warrants no interference in appeal, that no negligence could be attributed to the driver of the car for this accident. According to the case of the claimants themselves the accident here had occurred when Bhagat Singh turned towards his right to go to the side of the farm of General Mohan Singh. The car which was coming from behind struck into the cyclist at that time. It was no doubt stated that the car was being driven rashly and that the accident had occurred due to the negligence of the car driver, but it would be pertinent to note here that there was no mention that any signal had been given by the deceased before turning to the right or that he had cared to see whether the road was clear before proceeding to do so.
(3.) THE car driver, on his part, took up the plea that the accident occurred when the deceased suddenly turned to his right without giving any signal or indication to this effect. He immediately applied brakes and also swerved the car to the right but the accident could not be avoided. The deceased was thus blamed for the accident.;


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