GURMIT KAUR Vs. BHIM SINGH

JUDGEMENT

(1.) This is an appeal filed by the wife of the victim Ajmer Singh on her behalf and on behalf of two minor daughters challenging the award of the Motor Accident Claims Tribunal dated 3.8.1972. The Tribunal had dismissed the claim petition as in its opinion no positive finding as regards the rash and negligent driving of vehicle No. U.D. 41863 could be established. The accident took place on 18.1.1968. The present appeal was admitted in 1972. The appeal is on the daily list for the last three days. None is present on behalf of the appellants. The counsel for the Respondents has taken me through the judgment and the evidence.

(2.) On 18.1.1968 at about 12.45 P.M. Ajmer Singh was going on his bicycle and on the crossing of Willingdon Crescent Road and Sardar Patel Marg he was knocked down by a Military Truck No. U.D. 41863. The bicycle and the truck were going in the same direction. Ajmer Singh died on the spot. He was taken to All India Medical institute where Dr. Jagdish Chander performed the post mortem. The following injuries were noted :

(3.) Dr. Jagdish Chander opined that the death was caused by cerebral compression as a result of fracture skull and intercranial haemorrhage. Injuries were likely to be produced by roadside vehicular accident due to impact against hard surface or object. In his evidence be further stated that the injuries were likely to be produced when falling with force from the fast moving vehicle or being knocked down by the vehicle. In his cross-examination he further explained that the skull injuries could not be caused unless the head strikes with a hard surface with great force. On behalf of the claimant Shri Uttam Prakash Bansal (Public Witness -1) gave the evidence. He was going in his own car and was coming from the opposite direction. He saw that the truck was at a very high speed and had taken a sudden turn without blowing horn. He had denied the suggestion in his cross-examination that the Driver of the truck had given a signal before turning or that the Constable on the crossing had allowed the truck to pass. He also denied the suggestion that the head of the deceased was normal after the accident. He submitted that the head was compressed after the accident. This witness found an admission card of the deceased lying at the spot of the accident. That card was for admission to Talkatora Garden. The witness went to Talkatora Garden and contacted the colleagues of the deceased. There he came to know that the deceased was going to Talkatora Gardens to work as a Carpenter for Punjab State for the 26th January celebrations. The Driver of the truck Bhim Singh appeared in RW-4. He stated that on the crossing of the said two roads there was a Policeman who had given him sign to cross the road. In his examination-in- Chief he stated that he only saw the cyclist lying on the road. He did not see either the cyclist striking the truck or the truck striking the cyclist. He stated that he was driving at a speed of 15 miles per hour. In his crossexamination he admitted that the cyclist, that is, the deceased was ahead of the truck and that he had seen him. He had seen the cyclist from the distance of 150 yards. He claimed that he blew the horn before turning. Constable Ved Prakash was on the beat and was examined by the respondent. He claimed that the truck driver gave the signal and he allowed him to turn. He also claimed that he did not see the accident but he later on found the cyclist lying and the truck was ten paces away. He gave the whistle and the truck stopped.