AMAR SINGH Vs. USHA RANI

JUDGEMENT

(1.) INSTANT appeal has been filed by the appellant to challenge the award dated 15.05.2006 whereby the appellant was held liable for 40% as contributory negligence of the accident in question.

(2.) CONSTABLE Mahavir Singh, who stated to be the eye witness of the accident, examined as CW3 and deposed that on 01.04.1995 at about 11.30 AM, when he was standing outside the police picket, Mahipalpur, he saw a motorcycle No. DL-1SP-6138 being driven by appellant from wrong side while coming from Dhaula Kuan side and one Scooter no. DL-1SC-1479 was going in right direction. The Motorcycle hit the scooter and scooterist fell down on the road. In the meantime, one Tanker no. DHL-5797 being driven by Prakash Chand came from Gurgaon side and the sctooerist came under the wheel of the aforesaid Tanker.

(3.) THE appellant examined Sh. Rajender Kumar as DW1, who deposed that on 01.04.1995, he was standing at bus stop to catch a bus for going to Sadiq Nagar. It was about 10.30 AM. As soon as the red light turned green one scooterist and one motorcycle came from the side of Gurgaon. Motorcycle was ahead of scooter. Both were running at speed. The scooterist hit the motorcycle from behind. The motorcycle fell on the left side of the scooter and the scooterist fell down a little ahead on the right side. Meanwhile, a tanker came and crushed the scooterist.