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BRIEF FACTS OF THE CASE

2. Brief facts of the case are that on 24.12.2014 at about 8:15 a.m., Rajinder Sharma @ Bintu Kumar, since deceased was crossing Ambala-Chandigarh road in the area of Devi Nagar towards Kohinoor Dhaba, Devi Nagar; that he FAO-3876-2017 (O&M) crossed more than half of the road, when Haryana Roadways bus bearing registration No. HR68-A-1173 (hereinafter called as "offending vehicle"), owned by respondent No. 2 and driven by respondent No. 3 in rash and negligent manner, came from the side of Ambala and rammed against Rajinder Sharma; that as a result of accident, Rajinder Sharma fell on the road and was run over by the offending vehicle; that Rajinder Sharma was shifted to Civil Hospital, Derabassi, from where he was referred to PGI, Chandigarh, where he died due to the injuries suffered by him in the accident in question. First Information Report no. 300 dated 24.12.2014, was registered at Police Station Derabassi, District SAS Nagar, Mohali, under Section 279, 304-A of Indian Penal Code 071 dated 10.08.2015, against unknown vehicle.

7. It is further argued that the implication of the bus in the present case is wholly false and unfounded. Learned counsel draws attention to the documentary evidence on record to contend that the vehicle in question had departed from Ambala at 08:20 a.m., whereas the accident is stated to have occurred at Derabassi at about 08:15 a.m. Given that the distance between the two locations ordinarily requires 30-40 minutes of travel, it is urged that the presence of the said vehicle at the place of occurrence at the relevant time is rendered highly improbable.

14. I have anxiously considered rival contentions of the learned counsel for the parties and have gone through the record carefully.

15. As per case of the applicants and as deposed by PW-1 Suresh Kumar @ Suresh Chand, eye-witness of the occurrence and author of FIR Ex.P-1, on 24.12.2014 at about 8;15 a.m., he was standing in the area of Devi Nagar towards Kohinoor Dhaba, Devi Nagar, Derabassi; that Rajinder Sharma @ Bintu Kumar was crossing Ambala - Chandigarh road in the area of Devi Nagar towards Kohinoor Dhaba, Devi Nagar; that he crossed more than half of Ambala-Chandigarh road, when a Haryana roadways bus bearing registration no. HR68-A-1173 being driven by respondent No. 3 in rash and negligent manner came from the side of Ambala and rammed against Rajinder Sharma, since deceased; that as a result of accident Rajinder Sharma fell on the road and was run over by the bus; that Rajinder Sharma was shifted to Civil Hospital, Derabassi from where he was referred to PGI, Chandigarh, where he died due to injuries suffered by him in the accident in question; that after causing the accident, the driver of the bus stopped his bus after covering some distance, got down and on seeing the serious condition of the deceased, sped away with the bus; that in respect of the accident, First Information Report no. 300 dated 24.12.2014 was registered at Police Station Darabassi, District SAS Nagar under Sections 279, 304-A of Indian Penal Code against unknown driver of Haryana Roadways Bus.

16. The contention of the appellant that the bus had left Ambala at 08:20 a.m. and, therefore, could not have been present at the place of occurrence at 08:15 a.m. at Derabassi, also does not inspire confidence. The said plea is based FAO-3876-2017 (O&M) upon the advance ticket voucher (Ex. R-2), which, in the absence of any independent corroboration, cannot be treated as conclusive proof of the time of departure. No independent witness has been examined to substantiate this plea. On the contrary, the evidence led by the claimants, particularly the testimony of the Investigating Officer regarding the toll barrier verification, clearly belies the stand taken by the appellant.