JAGDISH KAUR Vs. RAGHBIR SINGH

JUDGEMENT

(1.) This appeal has been filed by Jagdish Kaur and others, claimants, whose claim petition filed under section 110-A of the Motor Vehicles Act, has been dismissed by the Tribunal on the ground that a case of rash and negligent driving against Raghbir Singh, respondent No. 1, driver of truck No. OIL 3266 had not been proved.

(2.) . As per the facts of the case, on 12.9.1988 Gursewak Singh (the deceased) who was working as a Pharmacist, was going on his scooter No. PBI 9052 with his wife Jagdish Kaur (claimant No. 1) and as he reached village Phul at about 6.45 p.m., the scooter met with an accident with truck No. DIL 3266 being driven by Raghbir Singh in which both, Gursewak Singh and his wife Jagdish Kaur suffered serious injuries. Gursewak Singh was removed to the hospital, where he was declared dead. The D.D.R. was also recorded at the instance of Som Nath, son of Bachan Dass, an eyewitness, in which it was stated that the accident had not happened on account of any negligence on the part of the truck driver. The claimants nevertheless filed a petition claiming a sum of Rs. 8,40,000 as compensation under sections 110-A and 92-A of the Act.

(3.) The respondents controverted the claim of the claimants and pleaded that the accident had happened as Gursewak Singh was driving the scooter in a zigzag manner and accordingly hit the truck coming from the opposite side.