A perusal of the record shows that on 1.4.1994, the appellant while driving motor cycle No. HNM-901 and in order to over-take the tanker going ahead of his motor cycle, lost control over the vehicle and dashed against Bus No. HNM- 1264 coming from Rohtak side. Sunil Rao admitted in his examination in chief that in front of him, two tankers were going from Rewari side to Rohtak. Rakesh Kumar, other injured has admitted that their motor cycle hit against the bus. This witness also admitted the version put forth by the respondents. In the DDR, Ex. R.1 it was clearly mentioned that the motor cyclist was trying to over-take the tanker going ahead of him and lost control over the vehicle and dashed against the bus. The Ld. Tribunal observed that the photographs Ex.R3 to R.5 clearly reveal that Bus No. HNM-1264 was towards its extreme left side i.e on its own side and it was only the motor cyclist who came towards wrong side and hit the bus on the extreme left of the bus. Siri Bhagwan, driver of the bus took the injured to the Civil Hospital, Rewari and informed their relatives. He also reported the matter to the police. Had there been any fault on the part of the driver of the bus, he would have escaped from the spot, as is generally done in such like cases.
