CONST HANMANT DAHIPHALE Vs. ALKA JAIN

JUDGEMENT

(1.) The Appellants who are the driver and owner of the truck No. AS-01-V- 3707 impugn a judgment dated 26.03.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs. 46,44,484/- was awarded in favour of the Respondents on the ground that there was no negligence on the part of Appellant No.1 in causing the accident and that the compensation awarded is exorbitant and excessive.

(2.) It is urged by learned counsel for the Appellants that there was no negligence on the part of Appellant No.1 in driving the earlier said truck. In fact, the rickshaw puller (Chhotey Lal) was pulling the cycle rickshaw on a slope. He lost control and dashed against the truck resulting in the unfortunate accident.

(3.) I have before me the Trial Court record. The Respondents (the Claimants) in order to prove the negligence examined Narayan Kumar Aggarwal (PW-2). He deposed that on 10.08.2009 at about 4:40 P.M. they boarded the cycle rickshaw at Old Delhi Railway Station for going to Kanti Nagar, Shahdara. When they reached near red light, the truck in question being driven in a rash and negligent manner came from the Hanuman Mandir Angoori Bagh side. It came on the wrong side and dashed against the riskshaw. As a result of the forceful impact, the rickshaw turned turtle and was dragged for about 20 ft. In crossexamination a suggestion was put to the witness that the cycle rickshaw was hit by the BSF vehicle on the backside, which of course was denied by PW-2. Even if it is assumed that the rickshaw was hit by the truck in question on the back side, the driver of the truck was all the more negligent and responsible for causing the accident.