ZAIL SINGH Vs. JAGAN NATH

JUDGEMENT

(1.) These two FAOs 214 and 215 of 1973 and cross- objections in CMs 126 and 521 of 1974 arise out of a common judgment recorded by the learned Tribunal on 24-8-1973.

(2.) . The facts giving rise to the two claim petitions are that on 5-6-1968 at about 4.45 PM Dr. P.L. Varma, Injured and Ashok Kumar deceased were travelling in car No DLV-7965 driven by Ved Kumar son of Dr. P.L. Varma from Meerut to Delhi. Dr. Varma was sitting on the left front seat while Ashok Kumar was sitting on the back seat. At G.T. Road near Shahdara there was break down of the rear right side axle and so the vehicle swerved to its right side and stopped on the right side of the road with its front wheel on the Kacha and the rest on the pucca road. After sometime truck No. UPV 894 driven by Dalip Singh respondent 2 and owned by Zail Singh, appellant came with very fast speed driven recklessly. The truck driver did not make any effort to avoid impact with the stationary car and dashed the truck against it, crushing both the doors on the left side. The impact was so severe that car was also dragged to some distance. Ashok Kumar died at the spot while Dr. P.L. Varma sustained serious injuries.

(3.) . The Tribunal awarded Rs. 24,130.00 to the injured Dr. Varma and Rs. 10,000.00 only to the heirs of deceased Ashok Kumar.