HARYANA STATE Vs. PARBATI DEVI

JUDGEMENT

(1.) THE present appeal has been preferred by the State of Haryana and the General Manager, Haryana Roadways, Faridabad, directed against the award of the Motor Accident Claims Tribunal, Karnal dated 16.12.1985. The learned Tribunal had awarded compensation to the respondents Smt. Parbati Devi and others who are the claims, of Rs. 1,93,000/- to be distributed amongst the claimants with interest at the rate of 10 per cent from the date of the petition till final realisation.

(2.) THE relevant facts are that as per the claimants, on 28.6.1985 Radhey Shyam was going from Panipat to Ghanaur. He was driving a motor cycle. His cousin brother Kishan was sitting on the pillion of the motor-cycle. When the motor-cycle reached near the Haryana State Electricity Board Power House situated on G.T. Road, Samalkha and was on the left side of the road at a moderate speed, at that time Bus No. HRW-4509 driven by respondent No. 5 Bharat Lal came from Delhi and it was being driven in a rash and negligent manner.

(3.) THE petition as such was contested. It was stated that it was the motor- cyclist who was guilty of driving the motor-cycle in a rash and negligent manner without light and unmindful of traffic rules. The factum of the accident was not disputed. It was denied that compensation claimed, can as such be awarded. Almost identical was the reply of the appellants.