DEVINDER SINGH Vs. SUNIL JAIN

JUDGEMENT

(1.) The present appeal is directed against the award dated February 10, 1982 passed by Shri S. P. Saberwal. Judge Motor Accident Claims Tribunal, Delhi.

(2.) The appellant Shri Devinder Singh filed the claim petition under Section 110-A or the Motor Vehicles Act, claiming compensation of Rs. 4,50,000.00 on account of injuries sustained by him in an accident that took place on April 2, 1974 at 12.55 hours at Janpath, New Delhi. He was going on scooter No.DHQ-2750 from Air India Office, Janpath to Lodhi Hotel and when he reached near Eastern Court, respondent no. 1 who was driving his car No. DHC-1157 hit him on the side and caused fracture of left leg and small finger besides abrasions on elbow and the back. It was alleged that the car was being driven in a rash and negligent manner and the driver was not having a proper look out as a result of which he dashed his car into the scooter of the appellant who was going at a normal speed. The appellant remained under treatment for a period of six months on the date of filing of the petition and the said treatment was still continuing.

(3.) The claim petition was contested by respondents 1,2 and 3 and joint written statement was filed on behalf of respondents 1 and 2 whereas separate written statement was filed by respondent no.3. The pleas taken, however, were common. According to the respondents, the car No. DHC-1157 was parked in the parking lot outside Chanderlok building. The driver was sitting in the car waiting for his master, when the said car was parked, the appellant who was driving the scooter and coming from the side of Connaught Place without care and proper look out, reached the parking lot and suddenly took his scooter to the right and in doing so, he lost control and back side of the scooter grazed the front bumper of the car.