SURENDRA KAUR Vs. DHARAM SINGH

JUDGEMENT

(1.) It is indeed unfortunate that this First Appeal against the rejection of the claim of the legal representatives of Gurdev Singh, deceased, who was killed on the evening of 20-4-1967 at Rohtak Road, Delhi, as a result of an accident caused by car No. DLJ-6212, is coming up for hearing after 17 years of the incident, and the discussion as hereinafter will show, the legal representatives were denied their substantial legitimate compensation by unwarranted, unsustainable and a sort of wooden approach adopted by Shri P.S. Shukia, Motor Accident Claims Tribunal.

(2.) The legal representatives had sought compensation of Rs. 80,000.00

(3.) Gurdev Singh was fun over at about 5.30 P.M. on 20.4.67 in front of Anup Service Station, Rohtak Road, Delhi when he was going on a cycle from his office to his home. Car bearing No.DLJ 6212 driven' by Dharam Singh, respondent, came,from the opposite direction,, and went to the wrong side of the road and knocked him down. At that. time he was three steps aways from the left end of the road. It was, the refore, apparent that the accident took place by the act of rash and negligent driving by Dharam Singh, and Gurdev Singh was seriously injured when he was going on the cycle on almost, extreme left side of the road. The Tribunal had after considering the entire evidence come to the opinion, that the accident was the,direct result of the rash and negligent driving of the car, and after going through the same, I am firmly in. agreement with the findings given. The evidenpe. of the witnesses and the plan which was. prepared displaying the place where the accident took place, and how the car had gone to the wrong side and then proceeded fairly ahead after knocking down Gurdev Singh, leave no manner of doubt in this regard. In fact, no appearance was made by Dharam Singh at the time of the hearing of this appeal, and. the lnsurance Company too did not assail, in any manner the finding of fact attributing entire negligence to the car driver,