...so. I do not find it a case of contributory negligence by the deceased at all. The accident was caused by the rash and negligent driving of the bus belonging to the D.T.C The Tribunal, therefore...after giving proper signal, bus No. DHP 2160 came from the other side at a high speed and hit the scooter. K.L Sethi died in the accident. I have been taken through the evidence by the counsel for the...it is only the deceased who got involved in the accident by his own negligence. Alternatively, it is submitted that this is a case of contributory negligence.2. Deceased K.L Sethi was...

...deceased dashed with the bus. The said witness also stated that accident in question caused due to negligence and rash driving by me driver of the bus Moreover from the material on record, it is also...negligence on the part of the deceased Sri. Saurabh Rastogi alias Pawan Rastogi, who was driving the motorcycle, accident in question has taken place as he dashed from the back side of the bus thus the...deceased himself was negligent, so there is no fault or negligence on the part of the driver of the bus and as such the Tribunal while passing the award did not consider the said facts and passed the same...

...the finding of the Tribunal has to be set aside.8. Per contra, the learned counsel for respondents contended that respondents proved the negligence and rash driving by Driver of Bus and..., the Driver of the Bus had driven the vehicle carefully by following the traffic rules. As the deceased suddenly crossed the road due to his negligence only the accident had taken place and hence, the...negligence of deceased. The learned Judge failed to consider contributory negligence of deceased. The learned Judge on assumption came to the conclusion that only due to rash and negligent driving of the...

.... No. 5003/2004 filed by the legal representatives of deceased Vijayakumar, before the MACT, Bangalore (SCCH-17) it was that the accident was occurred due to sole rash and negligent driving of KSRTC bus by its driver and entire liability is fastened against KSRTC; and M.F.A No. 7713/2007 preferred against the said judgment and award of the Tribunal came to be dismissed by the Division Bench of this Court on 24.08.2007 by upholding the finding of the Tribunal on negligence and....8. Accordingly, the appeals are allowed. The judgments and awards of the Tribunal are modified in so far as it's findings on negligence and liability and it is held that the accident was occurred due to rash and negligence driving of KSRTC bus by its...Court confirming the findings of the Tribunal in MVC No. 5003/2007 wherein it was held that the accident was occurred due to sole rash and negligent driving of KSRTC bus by its driver, there is no...

...not proved the negligence and further contend that Ex.P5 and P7 clearly discloses that it is the negligence and rash driving of bus by respondent No.1 and further observed that they have not examined...statement of the driver who has been examined before the Tribunal. The Tribunal has only relied upon the oral evidence of the driver of the bus and Tribunal comes to the conclusion that rash and negligence...only contention is that the driver of the bus was driving the bus in a rash and negligent manner without observing the road humps and jumped the road humps as a result he fell down from the said bus...

...at Koppal.2. By the impugned judgment and award, the tribunal recorded a finding that the accident and the resultant injuries sustained by the claimant is due to rash and negligent driving by the driver of the KSRTC bus and thereby the tribunal awarded a total compensation of Rs. 1,86,800/- to the claimant.3. The KSRTC has not taken exception to the quantum of compensation awarded by the tribunal. What has been seriously challenged by the KSRTC is total negligence attributed...the KSRTC bus, the hind portion of the bus jumped to such an extent that the head of the claimant, who was sitting on the back side, hit the top of the bus. In that case, it is purely due to rash and negligent driving of the KSRTC bus by its driver. No negligence can...the claimant as he was under the influence of liquor. Admittedly the claimant was traveling in the said KSRTC bus. It is borne out from the records that on account of rash and negligent driving of...

...negligent driving of the bus by the driver.5. After considering the evidence, the Tribunal has found that accident occurred only due to the rash and negligent driving of the bus by the...differ from the finding given by the Tribunal in respect of rash and negligent driving of the bus.6. So far as the quantum is concerned, the Tribunal has awarded a sum of Rs. 2,70,000...driver of the bus drove the vehicle very slowly since the bus was entering into the bus depot.4. The accident occurred only due to the negligence of the deceased and not due to rash and...

...Act?3. Whether the death of Shri Sham Lal Malik was due to an accident caused by the rash driving and negligence of the driver and conductor respectively of Bus No. DLP 230 on 26-12...the hospital.The next question for consideration is as to whether the accident was caused by the rash driving and negligence of the driver and the conductor respectively of the offending bus. According to the findings arrived at by us...the stationary bus. In doing so, he was obviously careless, rash and negligent. On a consideration of the evidence, we are of the opinion that it has been established by the appellants (applicants) that the accident was caused by the rash driving and negligence of the driver and the conductor of the offending bus No...

...concluded that he had failed to establish that the accident had occurred due to the rash and negligent driving of the bus by respondent-driver. 5. In order to prove the rash and negligence driving...to the negligence of the appellant-claimant, who was allegedly driving truck bearing registration No. PIC-8575 in a rash and negligent manner. It was further averred that an FIR under Sections 279, 337...by the respondents is that the accident occurred solely due to the rash and negligent driving of the appellant-claimant, who had taken the truck onto the wrong side of the road. It is also not...

...before the bus reached the scene of the accident. Subsequently, however, he changed his tune and contended that the accident had occurred on account of the rash driving and negligence of the bus driver.14. Apart from the said two conflicting versions of the incident, as depicted by Appellant....4. By virtue of the said decision, the High Court held that Jitender Sharma had died due to the rash and negligent driving of Jitender Thakur, Appellant 2 herein, while he was...from Kullu towards Manali, were said to have been involved. According to the claimants, the accident had occurred on account of rash and negligent driving of the driver of the bus as well as the...

... of rash and negligent driving of bus driver and there was no negligence on the part of the motorcyclist. The compensation awarded by the claims tribunal cannot be said to be...account of rash and negligent driving of motorcyclist and there was no negligence on the part of the bus driver. It is further submitted that the deceased was pillion rider on the motorcycle and the claims...tribunal has erred in fixing the entire liability upon the appellant being owner of bus and nothing has been deducted in terms of contributory negligence of motorcyclist. No other ground has been...

...issues 5 and 6 the Tribunal held that the accident took place due to the negligence and rash driving of the bus by Mohammad Sami. In consequence of that finding it was held that Mohammad Sami the driver...manner deposed to by Yadunath Singh Verma. Accordingly our finding is that the deceased met his death on account of rash and negligent driving of the bus owned by Liaqat Ali Khan and driven by driver...conclusion that in case the driver of the bus in question was driving the same in a rash and negligent manner, the liaity for payment of compensation shall be on Liaqat Ali Khan Mohammad Sami and the...

.... The eyewitness examined on the side of the claimant has spoken about the rash and negligence driving of the bus by its driver and there is no good ground to discard his evidence. In the circumstances...Corporation, hit her, resulting in her instantaneous death. 4. According to the claimants, the rash and negligent driving of the driver of the bus bearing.... 5. The Tribunal, after analysing the evidence on record, fastened negligence on the part of the driver of the bus and awarded compensation of Rs.2,12,000/- together with interest at the...

...his break, but the two wheeler came at high speed and the rider lost his control, dashed against the bus, resulting in the accident. It was only due to negligence and rash driving by the rider of the two wheeler, the accident occurred. The respondent bus driver...proceeding as a pillion rider in the two wheeler by the side of the road and it was only due to negligence of the respondent bus driver, the accident took place. If the claim of the respondent is true, the...negligence of the two wheeler rider alone caused the accident. The age, avocation and income of the deceased as alleged by the petitioners is not correct. The Tribunal erred in accepting the evidence...

...:“3. Whether the accident was due to the contributory negligence of the applicant?4. Whether the injuries were sustained by the applicant due to rash and negligent driving of the bus by respondent No. 3?5. To what amount of compensation, if any, applicant is entitled?3. The learned Tribunal came to the conclusion that the accident had taken place because of the rash and negligent driving of the bus driver because of the contributory negligence of...was resisted by the appellants. It was averred that she had placed her elbow outside the window of the bus in spite of the warning of the conductor and it was for that reason that the accident took.... Wanti, respondent, was travelling in D.T.U bus No. DLP 257 on route No. 10 at about 3.30 P.M On new Link Road, a cart full of long dogwoods which are usually used as rafters under the roofs and also for...

...to his family.6. The Tribunal, weighing the evidence let in by both sides, concluded that the said accident was caused due to the rash and negligent driving of the bus and it is a case of contributory negligence, and by order...death of the deceased Kulandaivel caused on 1.2.2000 at about 8.00 a.m at Sanisanthai on the Main road of Salem to Dharmapuri, by the rash and negligent driving of the appellant's bus by its driver.../Transport Corporation by taking the stand that there was no rash and negligence on the part of the driver of the vehicle. It was submitted that the deceased crossed the road all of a sudden being aware of...

...respective parties, held that deceased Chitrapal Singh Kanwar died in the accident caused due to negligence and rash driving of the bus, insured by respondent No.3 and since breach of conditions of insurance...earn Rs.9,40,000/- per annum by agricultural work and on 3 account of his untimely death in the accident, the appellants...have suffered economical and psychological difficulties. 3. Learned Claims Tribunal, upon appreciation of pleadings and evidence placed on record by the...

...claimants has failed to prove the involvement of bus as well as rash and negligent driving of bus driver and the claims tribunal has erred in awarding compensation to the claimants and fixing liabiity...also proved the rash and negligent driving of the driver of bus. Considered the rival submissions of learned counsel for the parties and perused the record...no. UP 53 BT 1853 was driven the bus very rashly and negligently, which caused the accident. There was no negligence on the part of the deceased. The findings recorded by the claims tribunal in respect...

...is alleged that the accident was caused due to the negligence and rash driving of the bus. The deceased is survived by his widow, three minor children and a mother as the claimants in the present case...Sh. Hoshiyar Singh, 28 years old, who was working with M.C.D while riding his cycle on the Outer G.T Karnal Road was run down by a bus driven by Respondent No. 1 and belonging to Respondent No. 2. It.... After the issues were framed by the Tribunal, the mother, Petitioner No. 5 died. She was substituted by her daughter and one son as the legal heirs of the mother as Respondent no. 5 and Respondent...

...respective written statements. In the written statement filed by the owner, it was stated that the accident took place due to rash and negligence driving by the driver of the Bus and accordingly they shifted...the accident occurred on 26-6-1995 at 2. 15 P. M by the rash and negligence of the drivers of vehicle No. U. P. 05-161 and bus No. U. P. 06-1168 as alleged by petitioner? 2. Whether the...by Bus No. U. P. 06-1168. At about 2-15 pm driver of bus No. U. P. 05-0161 dashed the bus no. U. P. 06-1168 by driving it negligently and due to accident, he...