IGNATIUS JOHN Vs. SURAJBAI

JUDGEMENT

(1.) THIS appeal is directed against the Award dated 31-7-1978 given by the Member, Motor Accident Claims Tribunal, Shajapur in Claim Case No. 15 of 1975.

(2.) RESPONDENT No. 1 Surajbai is the widow of Kaluram and the other three respondents are the sons and daughter of the said Kaluram. Accident in question had occured on 8-6-1975 in the evening at about 6 p.m. on the Agra-Bombay road. At that time the deceased-Kaluram was coming on a cycle to his village Thukrana from Shajapur.

(3.) THE appellant in his evidence stated that he was travelling in the car from Delhi to Bombay. He left Gwalior in the morning at about 11 a.m. and was to reach Indore where he was to spend the night. He was travelling in the car alongwith Miss Yurniko Nishiyama who was a Japanese national. His vesion is that all of a sudden the cyclist turned his cycle to his right side seeing which he turned his car to the left. He has described the manner of the accident to demonstrate that the accident did not take place owing to his fault. It is also admitted by him that his car had run on the stacks of Gitti (chips). The head light and the wind screen were damaged. Miss Yumiko was also hurt due to the breaking of the wind screen This vehicle was a left hand drive and that lady was sitting on the right side of the appellant.