of the accident, the deceased was driving motorcycle in a moderate speed, the driver of the S.T.Bus drove the S.T.Bus in rash and negligent manner and there was head-on-collision between two vehicles. He has further stated that, the accident occurred due to the negligence of the driver of S.T.Bus. Nothing elicited in the cross-examination of this witness. To prove its defense, the driver of S.T.Bus – Dashrath Bhandare examined himself. He has stated that he saw the deceased coming on one motorcycle in rash and negligent manner, as he was coming on wrong side, this witness stopped the S.T.Bus on the spot. At that time, the deceased gave dash to the front side of the S.T.Bus. The accident occurred due to sole negligence of the S.T.Bus. While dealing with the issue of negligence, the Tribunal has observed that the motorcycle could have passed from the other side of the S.T.Bus and motorcycle went on wrong side and gave dash to the S.T.Bus, on the middle of the front grill, it shows that the deceased could not control his motorcycle, hence, the Tribunal has observed that the accident occurred due to sole negligence of the deceased. I am unable to understand the observations of the Tribunal as the police has registered an offence against the driver of the offending bus after making enquiry. Moreover, the spot-panchanama shows that brake marks of the S.T.Bus were appearing on the road. It shows that the S.T.Bus was in high and excessive speed. Moreover, the evidence of the eye-witness Arun Gevare cannot be disbelieved. He has stated that there was head on collision between two vehicles. It shows
