high
8
speed and not depose about and negligent driving.
Referring to admission of PW1 that there were speed
breakers near the place of accident ... driving the Lorry in high speed, which
stood diluted by their admission that there were
speed breakers near accident spot. None of them
stated about
Respondents filed objections. It was also
contended that there was a speed breaker of 2 feet in
5
height from road level and motorcycle jumped ... over
speed breaker and dashed to bus above its head light.
Therefore, there was no negligence of bus driver.
5. Based on pleadings, Tribunal framed
Hanoor
bridge, rider rode it in rash and negligent manner over speed
breaker causing claimant to loose balance and fall down. Due
to same
submitted Tribunal erred in concluding that
after crossing speed breaker, driver lost control of Bus and
dashed against motorcycle by disbelieving accident spot sketch
rider rode it in rash and negligent
manner and jumped over speed breaker, due to
-3-
MFA No. 103788 of 2019
which claimant fell down
rash and negligent manner at Yeramarus, Raichur road
and went over speed breaker in high-speed near Basvanna
temple, Shaktinagar causing accident. It was submitted ... version, accident occurred when motorcycle was plying in
high-speed and speed breakers lost control and fell down.
Such accident would have caused damage
riding in rash and
negligent manner, failed to control near speed breakers. Due to
which rider fell down and sustained injuries. Claimant also
sustained severe