BIMLESH Vs. H P R T C

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.