MAYA SETH Vs. BALRAM

JUDGEMENT

(1.) FAO 102/73 is filed by the heirs of the deceased ChuniLal Seth for enhancement of compensation. F.A.O. 138/73 is filed by the Union of India challenging the award itself. The award was rendered by Motor Accidents claims Tribunal, Delhi on February 22, 1973. The Tribunal awarded Rs. 17,738/- as compensation. The claims ants have claimed Rs. 99,000/- as compensation.

(2.) THE accident took place on July 31, 1966 at 5.00 PM near Khyber Pass Market, Alipur Road, Delhi. Chuni Lal Seth was going from Timarpur side to Kashmere Gate on his Scooter No. DLW 1516. His son Prem Chand was sitting on the pillion. Vehicle No. DLJ 3047, a Police Van, coming from the opposite direction suddenly took a right turn and dashed against the scooter. Chuni Lal was seriously injured and was taken to the Irwin Hospital for treatment. He died of injuries on August 8, 1966. The Union of India denied their liability. They claimedthat the scooter was being driven recklessly on the wrong side of the road and when vehicle No. DLJ 3047 was taking a right turn the scooter which was in great speed struck the vehicle. The Union of India also claimed sovereign immunity.

(3.) THE counsel for the parties took me through the evidence. The counsel for the Union of India was unable to explain why the important elements of their defense were not specifically avered in the written statement. On reading the evidence of Prem Chand who was the most natural witness, I find that his evidence is quite reliable. The site plan and the inspection report of the vehicles fully corroborate his version of the accident. I, therefore hold that the accident was caused by the rash and negligent driving of Police van No. DLJ 3047.