RAGHBIR SINGH Vs. HARBANS KAUR

JUDGEMENT

(1.) IN an accident between a motor-cycle and a tanker, both Gurdev Singh, the driver of the motor-cycle, as also Dr. Trishanjit Singh, the pillion rider thereof, sustained serious injuries with disasterous consequences for them both. Gurdev Singh succumbed to his injuries soon thereafter and died while Dr. Trishanjit Singh has been left crippled and severely handicapped thereby. This happened on December 5, 1973 at about 9 P.M. opposite to the Punjab Roadways workshop at Ludhiana.

(2.) TWO separate claims for compensation were filed in respect of this accident, one by Harbans Kaur the widow of Gurdev Singh deceased and the other by Dr. Trishanjit Singh. A sum of Rs. 40,000/- was awarded as compensation to Harbans Kaur and Rs. 65,000/- to the other claimant Dr. Trishanjit Singh. It is these awards which have been challenged in two separate appeals.

(3.) ACCORDING to the claimants, the tanker came on to the wrong side of the road, at a fast speed and hit into the motor-cycle which was coming on its left. The version of the opposite party, on the other hand, was that the driver of the motor-cycle did not know driving and could not, therefore, control it. He was also stated to be under the influence of liquor at that time. The fault for the accident was thus imputed to Gurdev Singh deceased.