Accident by Bus – Mechanical defect -- Negligence of -- A bare perusal of the FIR substantiates the plea of the claimants and not of the driver – Driver has not pleaded in reply that due to road condition the bus jumped all of a sudden, and has also suppressed the fact that the bus initially dashed a stationary tractor -- Thus the version of the driver is not reliable -- Mechanic has categorically stated that the belt of springs could have been broken in case brakes were suddenly applied -- Thus it appears that the bus driver drove the bus rashly and negligently and initially dashed the stationary tractor and then a eucalyptus tree -- In the circumstances there is no escape from the conclusion that the bus was driven in a rash and negligent manner by its driver -- Apart from that merely a mechanical failure is not enough to exonerate the Transport Undertaking from its liability in the absence of evidence being adduced that the vehicle was maintained properly.

(SC) Decided on: 15.12.2015