P.N.HANDA Vs. SANDEEP SHARMA

JUDGEMENT

(1.) These two appeals are being disposed of vide this common judgment as these arise out of the common judgment dated 26.11.2001 of Judge, MACT, New Delhi in suits bearing No. 310/1992 and 334/1992. Both these suits were filed seeking compensation on account of the accident that took place on 12th May, 1992.

(2.) The appellant herein had filed suit no. 310/1992 against the respondent Sandeep Sharma, who had filed suit No. 334/1992 against the appellant and his wife. Both, the appellant and the respondent were driving their respective scooters, when accident took place between them on 12th May 1992. They both sustained injuries in the accident.

(3.) These appeals have been filed on the grounds that the learned Judge, MACT has erred in not taking note of the fact that the accident was caused due to rash and negligent driving of the scooter being driven by respondent Sandeep Sharma and that the appellant was acquitted by the Magistrate in the police case registered against him under Section 279/338 IPC. It is submitted that his acquittal in the aforesaid criminal case would testify that the accident was not caused because of his rash or negligent driving, but that of the respondent Sandeep Sharma. The learned counsel submitted that the appellant was driving his scooter at slow speed on the left side of the road when his scooter was struck from behind by the scooter of respondent Sandeep Sharma and the same stands proved from the mechanical inspection reports of the scooters, as per which damage caused to his scooter was on the right side and to that of respondent Sandeep Sharma on the front and the left side. It is also submitted that the appellant suffered disability to the extent of 50% and was entitled to compensation to the extent of Rs. 10,00,000/-.