Bachan Kaur and Others vs Joginder Singh and Others

S.S. Sodhi, J.—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.

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.

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.

The evidence led in this case does not in any manner advance the case of the claimants. PW3, Chattar Bahadur, who was examined as an eye witness to the accident clearly stated that the car was not being driven fast at the time of the accident. He further stated that there were some iron goods on the carrier of the cycle and the deceased got unbalanced when he tried to take a turn and it was then that the car went towards its right and hit the cyclist. Here again, there was no mention of any signal having been given by the deceased before turning to his right. RW1 Joginder Singh, the car driver deposed as per his version in the written statement namely that the deceased suddenly turned towards his right without giving any signal and the car hit into the cycle despite his attempts to save him.

In the circumstances, in which the accident occurred, there is obviously no escape from the conclusion that it took place entirely due to the fault of the deceased himself in suddenly turning to his right without due care and caution and without giving any prior indication to the traffic coming behind him.

The finding of the Tribunal must, therefore, be upheld and affirmed and in the result this appeal is hereby dismissed. There will, however, be no order as to costs.