Gujarat State Road Transport ... vs Thacker Narottam Kalyanji on 17 February, 2000
In Urmila and Anr. Vs. State of Haryana and Others, 1991 ACJ, 325, the collision took place between a scooter and bus coming from the opposite direction on a 100 feet wide road resulting in death of the scooterist and the pillion rider. There was evidence of the eye witnesses that the scooter was on the right side and the bus came on to the wrong side of the road at fast speed. The driver stated that he stopped the bus on the left side of the road. The scooterist came from wrong side at a high speed and struck against the front bumper of the bus. The Tribunal held that the accident was caused due to the sole negligence of the scooterist. In appeal it was observed that the road was wide enough to provide ample space for two vehicles without any obstruction. However it gives rise to presumption of negligence on the part of both drivers and it was held on these facts that both the drivers were actually to blame. This case is also distinguishable on facts. Here the road was 100 feet wide. Further there was evidence that the bus driver stopped his bus on the left side and the scooter came to the wrong side and struck against the front bumper of the bus. The facts before us are altogether different. The width of the road was only 24 feet. There is no evidence that the bus driver applied brake and the bus came to halt before the accident nor is there any evidence that Anilkumar was driving the scooter on the wrong side and he himself struck against the right side portion of the bus.