S R SUBHRAMANIAM Vs. KASHMIR SMGH

JUDGEMENT

(1.) The present appeal is directed against the award dated 29th October, 1981 passed by Shri S.P. Sabharwal, Judge, Motor Accident Claims Tribunal, Delhi. The claim petition was filed by the appellant under Section 110-A of the Motor Vehicles Act claiming compensation of Rs. 1,75,000.00 on account of injuries sustained by him in motor accident that took place on 20th January, 1976 at about 6.45 p.m. on Curzon Road near Bhartiya Vidya Bhawan School, New Delhi. The appellant was going on his two wheeler scooter from Connaught Place and was proceeding towards India Gate via Curzon Road. It was alleged that he was driving his scooter at a slow speed on correct side of the road. When he reached near CGHS Dispensary on Curzon Road, car No. DHB-3465 came from a side lane. The said car was driven by respondent No .1 rashly and negligently and at a fast speed. The respondent did not stop the vehicle at the junction of the side lane and entered the Curzon Road at a reckless speed which resulted in the accident. The scooter of the appellant was badly damaged. It was alleged that appellant suffered multiple fractures in left leg and his eye-sight has also been affected. It is further stated that the appellant has been disabled permanently. He incurred an expenditure of Rs. 15,000.00 on treatment till the date of filing the petition and the said treatment was still continuing. Respondent No. 2 was the owner of the vehicle and respondent 3 was the insurer.

(2.) The claim petition was resisted by the respondents and it was pleaded in their written statement that there was no negligence on the part of respondent No. I who was driving the offending vehicle. The accident took place due to negligent, carelessness and rash driving of the appellant who was driving two wheeler scooter at a very excessive speed. The following issues were framed :

(3.) The Tribunal considered the evidence on record and has taken into consideration the testimony of the Investigating Officer in the criminal case wherein the said respondent No. I pleaded guilty in the Court of Shri M.L. Sahni, Metropolitan Magistrate and on that basis he was convicted and the learned Judge held that it was conclusively established that respondent No. 1 was driving the vehicle in a rash and negligent manner and accident took place solely due to rash and negligent driving of the car. There is no infirmity in this finding which is based on cogent evidence. The same is affirmed.