S.S. Sodhi, J. - (1.) DOES the breaking of the main leaf of the bus causing it to get out of control and hit into a tree constitute an 'inevitable accident' or is it called an 'act of God' rendering the driver and owners thereof immune from liability for injuries caused to persons travelling therein ? Herein lies the controversy raised in this appeal.
(2.) ON September 9, 1973 the Pepsu Road Transport Corporation bus PUP -2956, when it reached near village Jagatpura, about 7 miles from Phatwara, on its way to Hoshiarpur, suddenly went out of control and hit into a tree on the other side of the road. This accident resulted in injuries to some persons travelling in the bus, one of whom was Surinder Nath who succumbed to his injuries a few minutes thereafter. A claim for compensation was put in by Mrs. Bimla Devi, the widow of Surinder Nath, deceased and their children. This was negatived on the ground that the bus driver could not be blamed for the accident as it had occurred due to the main leaf of the bus on the right side breaking, which it was said was a latent defect.
(3.) THE claimants had examined a number of witnesses including some who claimed that they were travelling in the bus when the accident took place, with a view to establish that the bus was being driven at a very fast speed despite the protests of the passengers and the accident had thus occurred due to the rash and negligent driving of the bus driver. The bus driver RW2 Hari Singh as also the conductor thereof RW 1 Mohinder Singh, on the other hand, deposed that the bus was being driven at a slow speed, that is, at a speed of 35 to 40 kilometers per hour and the accident occurred because of the breaking of the main leaf. They both deposed that the bus had been checked at the workshop at Ludhiana before it set off on its journey. As regards the breaking of the main leaf of the bus, this was also, accepted by most of the witnesses, who appeared for the claimants. It is indeed the common case of the parties that the accident occurred because the main leaf of the bus broke. The question, however, arises, does this absolve the driver from the blame.;