NIRANJAN SINGH Vs. CHHAJU SINGH AND ANR.

JUDGEMENT

(1.) THE appeal is for enhancement of claim of compensation for damage caused to the Appellant's vehicle. It was a case of collision between Appellant's jeep and a truck belonging to the Police. The mechanic's report after inspection of the vehicles had shown that the headlights of both the vehicles had been broken. The Tribunal took that to be a case of head -on collision and with both the parties trading charges of negligence on the other, it cast the liability between the owners of the two vehicles in equal measure and subjected the Petitioner's claim to a partial abatement.

(2.) THE contention in appeal is that the Respondent's vehicle had not put on the headlights and since the road also did not have lights, it was dark and the accident had arisen only on account of negligence of the driver of the truck. The driver of the truck himself had examined as RW -1 and he had stated that the accident had taken place only on account of negligent driving of the driver of the jeep. Under such circumstances, the apportionment of liability in equal measure by the Tribunal cannot be faulted with.

(3.) EITHER on the issue of contributory negligence as found by the Tribunal or on the non -entitlement of alleged loss of income by the non -user of the vehicle, the Tribunal has approached the issues correctly and I find no reason to interfere with the award.