V N PANDEY Vs. BISESAR KUMHAR

JUDGEMENT

(1.) This is an appeal directed against the award dated 23.10.92 passed by the learned Claims Tribunal in Claim Case No. 110 of 1991 whereby the learned Tribunal has awarded a sum of Rs. 40,000 with interest at the rate of 12 per cent per annum from the date of claim petition.

(2.) The brief facts which are necessary for disposal of this appeal are that on 25.11.1990 the deceased Vipul along with his friend Arun Shukla was going to Sector 5, Bhilai on a Bullet motor cycle and when they reached near Bungalow No. 32, the non-claimant No. 1 came on scooter from wrong side and struck against the motor cycle of the deceased as a result of which he fell down and succumbed to the injuries. Therefore, the present claim petition was filed by the father and mother of the deceased.

(3.) The Tribunal after recording nepessary evidence came to the conclusion that as a matter of fact, the non-claimant No. 1 was responsible for this accident as he came on scooter from the wrong side and struck against the motor cycle, though he also received injuries, but no evidence was led. However, so far as deceased is concerned, it is found that he was driving the motor cycle in proper manner, but the negligence was found on the part of the non-claimant No.1. Therefore, the Tribunal has held that the non-claimant No. 1 was responsible for the accident.