STATE OF U P Vs. SHIV BHADUR SINGH

JUDGEMENT

(1.) Both these appeals arise out of same accident involving husband and wife. Smt Pramila Singh wife of Sri Shiv Bahadur Singh succumbed to the injuries in the accident which took place on the fateful date and her husband who was driver of the scooter sustained injuries.

(2.) The Tribunal by its judgment dated 03.08.1996 in both the claim petitions bearing nos. 103 and 104 of 1992 passed the award as far as the injured is concerned Rs. 25,000/- with 12% interest where as for the death of Smt. Pramila Singh Rs. 2,00,000/- compensation with 12% interest. This has aggrieved the State who is owner of the vehicle in question.

(3.) The learned Standing Counsel submitted that the tribunal has erred in not considering contributory negligence of the driver of other vehicle. According to the State it was scooterist who was solely responsible for the accident having taken place. The accident in question occurred at signal when vehicles had stopped due to the red signal. As far as the case of Smt. Pramila Singh is concerned, it is a case of composite negligence as she was not driving the scooter. As far as case of Shiv Bahadur Singh is concerned, it would be case of contributory negligence if at all he is held negligent.