MOHINDER KAUR Vs. MANPHOOL SINGH

JUDGEMENT

(1.) Sardar Niranjan Singh was an Assistant Post Master. On February 11, 1963, when he was going on a bicycle on Lady Harding Road at the crossing of Baird Road he was hit by D.T.U. bus No. DLP-906. He became unconscious and died in Willingdon Hospital on February 14, 1963. He was survived by his widow, a son, two minor daughters and one married daughter. They preferred a claim for compensation of Rs. 55,000.00 under section 110-A of the Motor Vehicles Act, 1939 to the Accident Claims Tribunal.

(2.) In support of the claim the petitioners examined two eye-witnesses. Arjan Singh (AW-2) was a Constable on duty on the crossing of the Baird Road. Another eye witness was Inderjit Gupta (AW-6). The third important witness was Shri Darshan Singh the Police Officer who investigated in the accident and prepared a site plan. The respondent-Corporation denied any liability for the accident. It contended that the deceased was wholly responsible for the accident. The respondents examined Shri Om Pal Singh (R.W-1), a passenger travelling in the said bus. They also examined the bus driver Shri Man-phool Singh and Mehar Singh the conductor. They also examined Sarup Singh (RW-4) the Traffic Superintendent.

(3.) The Accident Tribunal relied more upon the evidence of the respondents and came to the conclusion that the deceased was at fault and he was solely responsible for the accident. The Tribunal, however, worked out some figures of compensation but did not order any compensation to be paid due to its finding on the negligence of the deceased. The claim was, therefore, rejected by the Tribunal on October 1, 1965.