S.S. Sodhi, J. - (1.) ON September 4, 1974 at about 8,00 a.m. Inder Singh deceased was going on a cycle from village Sahauli towards village Bhadson on the Nabha -Amloh Road The left berm of this road had been dug up for the purpose of widening the road and for this purpose two drums had been placed on that side. The width of the metalled portion of the road, as would be apparent from the photographs taken in this case, permitted only one vehicle to travel thereon at one time. While the deceased was travelling on this road, a bus belonging to the Amloh Bus Service came from the opposite direction. According to the evidence led in this case, the bus was coming at a fast speed. An accident took place between the bus and the deceased, which resulted in the death of the deceased.
(2.) THE Tribunal held the driver of the bus to be solely responsible for this accident attributing to him rash and negligent driving. A sum of Rs. 55,000/ - was awarded as compensation to the claimants in this case. The claimants being his widow, three married daughters and one unmarried daughter. In appeal Mr. V.P. Gandhi, counsel for the Appellants sought to challenge the finding of the Tribunal with regard to negligence on the plea that the accident in this case had taken place on a straight road in a broad day light. The approaching bus was clearly visible to the deceased from a considerable distance and there was thus ample time and opportunity available to him to have got off the road and out of the path of the bus and thus avoided the accident. In the circumstances, therefore, no negligence could be attributed to the bus driver for the accident.
(3.) THE point canvassed against the deceased is equally applicable to the case of a bus driver. He too could have seen from a reasonable distance that a cyclist was coming ahead and there is no evidence to suggest that any measures were taken by him to avoid hitting into him. This obviously was a case of error of judgment or recklessness or negligence on the part of both the deceased as also the bus driver.;