BRIJ MOHAN SAHNI Vs. MOHINDER KUMAR

JUDGEMENT

(1.) Two motor cycles, one driven by Mohinder Kumar Bagai (hereinafter called the plaintiff) and the other by Brij Mohan Sawhney (hereinafter referred to as the defendant) collided on 26th February, 1950, at ab out 6-30 p.m. near the circus around Gol Dak-Khana and in a suit for recovery of damages to the tune of Rs. 10,000.00 instituted by the plaintiff, the trial Judge finding that the accident was due to the negligence of the defendant has awarded a decree for Rs. 5,686/6.00 in favour of the claimant. From this judgment and decree the defendant has filed an appeal which is R. F. A. No. 10-D of 1955 while the plaintiff-respondent has preferred cross-objections for raising the decretal amount by another Rs. 2.000.00.

(2.) This judgment will dispose of both the appeal and the cross-objections. It may be added that the plaint was amended to include the National Fire and General Insurance Company Ltd., as defendant No. 2, The decree was awarded against both Brij Mohan Sawhney and the defendant- company and the appeal has been argued by Mr. F. C. Bedi for both the appellants.

(3.) The plaintiff's case, on the other hand, is that the negligence throughout had been that of the defendant and he never had an opportunity to avert the accident which was due solely to the flagrant breach by the defendant of the traffic rule of keeping to one's side.