FATEH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS is an appeal under Section 110-D of the Motor Vehicles Act against the order dated 19.11.1975 passed by the Motor Accidents Claims Tribunal (Vth Additional District Judge) Saharanpur.

(2.) THE facts giving rise to this appeal are that Seargent Mahendra Singh Beniwal met with an accident on 23.8.1969 at 9.15 P.M. in village Rampur P.S. Roorkee on the Saharanpur-Roorkee road. He was going on motor cycle No. D.L.M. 7944, on his way from Saharanpur to Roorkee, P.W. 1 Balbir Singh was accompanying Seargant Mahendra Singh Beniwal on the pillion of the motor cycle. Respondent No. 5 is the owner of the motor cycle. Station Wagon No. U.S.P.Q. 5986 came from the opposite direction its way from Roorkee to Saharanpur. A Roadways Bus was going ahead of the motor cycle. After crossing the bus, the station wagon dashed against the motor cycle as a result of which Seargent Mahendra Singh Beniwal was thrown on the road and received serious injuries to which he succumbed on the spot.

(3.) THE application was contested by respondents numbers 1, 2 and 3 (opposite parties Nos. 1, 2 and 5) with the allegations that the station wagon was being driven with due care and caution, that the head lights of the bus coming from the opposite direction were dazzling, that the driver of station wagon skidded towards the right due to the slippery road caused by rains, that the motor cycle was being driven rashly and negligently and it struck against the right front wheel on the station wagon, that the station wagon took a round about turn with its front facing towards Roorkee, that the accident took place due to rash and negligent driving of the motor cycle, and that the amount of compensation claimed was excessive.