V.K. GUPTA Vs. JAGDEV INDUSTRIES

JUDGEMENT

(1.) THIS appeal arises out of an award dated 28.4.1986 passed by the Motor Accident Claims Tribunal, Chandigarh on the ground that the accident had not happened on account of the rash and negligent driving by the driver of the car bearing registration No. PBT-8500. The facts giving rise to this appeal are as under :-

(2.) APPELLANT -V.K. Gupta, then aged 36 years was employed as a Scientist in the Central Scientific Instruments Organisation on a salary of Rs. 2000/-. At about 2 P.M. on 19.3.1983, he was going on foot on the left side in Sector 21 when a car belonging to respondent No. 1, which was insured with respondent No. 3-the National Insurance Company and was being driven by respondent No. 2-Mintoo, came from the opposite side and struck against him causing him serious injury. The accident led to the filing of this claim petition.

(3.) ON the pleadings of the parties, the Tribunal framed the following issues :-