S K AGGARWAL Vs. SATYA WATI DEVI

JUDGEMENT

(1.) This appeal has been filed against the judgment of the Motor Accidents Claims Tribunal, Ambala (hereinafter referred to as 'the Tribunal') dated November 8, 1971.

(2.) The facts giving rise to the present appeal are that Captain Gurdas Singh was proceeding on his scooter bearing No. USD-8823 on the Staff Road, Ambala Cantonment, towards the Railway Station, on October 31, 1968. Respondent No. 1, S.K. Aggarwal, was coming on his scooter No. PNU-2454, at a high speed, rashly and negligently, on B.I. Bazar, Road, Ambala Cantonment, which crosses the Staff Road. When Captain Gurdas Singh entered the crossing on the Staff Road, respondent No. 1 struck against the back portion of his scooter and thus caused the accident. He (Captain Gurdas Singh) fell down on the road and received serious injuries, on account of which he died on the next day in the hospital. The scooter of respondent No. 1 was insured with the New India Assurance Company limited (hereinafter referred to as 'the Company'). The wife, the two minor sons, the minor daughter and the mother of the deceased filed an application for recovery of Rs. 1,00,000/- as damages from the respondents which they allege to have suffered on account of the death of Captain Gurdas Singh. They admitted the accident but stated that it was not due to the rash and negligent driving of respondent No. 1 but due to the negligence of Captain Gurdas Singh himself who could not control his scooter. It is further stated by them that S.K. Aggarwal, respondent No. 1, was driving the scooter at a low speed and was blowing the horn while entering the crossing of the Staff Road. The deceased, according to them, entered the crossing without blowing any horn and struck against the scooter of respondent No. 1, which was on its correct side and had entered the crossing earlier. The Tribunal held that the accident took place on account of the negligence of respondent No. 1 and granted to the claimants an amount of Rs. 55,500/- as the damages. S.K. Aggarwal and the Company have come up in appeal against the judgment of the Tribunal and the claimants have filed cross-objections against it.

(3.) The first contention of the learned counsel for the appellants is that the claimant-respondents have failed to prove the negligence of respondent No. 1. He submits that in fact the accident took place on account of rash and negligent driving of Captain Gurdas Singh, deceased.