MOHINDER GUPTA Vs. MAJOR SINGH AND ORS.

JUDGEMENT

(1.) ON 21.2.1979 at about 10.15 a.m. an accident took place between a scooter HYA -1975 driven by Mrs. Mohinder Gupta, advocate, the claimant -Appellant and a three -wheeler scooter No. CHV 30, which was driven by Major Singh, owned by Hoshiar Singh and insured with the New India Assurance Company Ltd. The accident took place almost in the middle of the Madhya Marg near the crossing of Sectors 10, 11, 15 and 16 near about the place where the side lane coming from Sector 15 towards the crossing, meets the main road - -Madhya Marg. The scooter came from Sector 15 and when it was in the middle of Madhya Marg, it was hit by a three -wheeler which was going on Madhya Marg towards the P.G.I. The scooter driver, i.e. Mrs. Mohinder Gupta, placed the blame on the driver of the three wheeler and the driver of the three wheeler blamed the driver of the scooter.

(2.) ON the contest of the parties, following issues were framed:

(3.) AFTER hearing the Learned Counsel for the parties, I am of the view that it is established by the record that it was the three wheeler who was responsible for the accident. Site plan is exhibit P.W. 9/2, which shows the track followed by the scooter. The accident took place almost in the middle of the road and after the accident the three wheeler stopped on its extreme left, whereas the scooter and its driver fell down in the middle of the road very close to the place of accident. Photographs exhibits PW6/1, PW6/4 have also been produced. A look at them shows that the accident, took place in the middle of the road and after the accident, the scooter fell down quite close to it. The three wheeler went towards the left side of the road far away from the place of the accident. Hence the site plan is fully supported by the photographs. The evidence now deserves to be appreciated in the light of the factual position which emerges from the aforesaid because the plan and the photographs remain unchallenged. The eye -witnesses to the accident are Jagdish Singh Sahasi, Assistant Engineer, P.W. D. (B and R) Haryana on deputation to Union Territory, Chandigarh (P.W. 10) Bachan Singh driver, M.E.S. (P.W. 11) and the claimant herself as A.W. 13. Jagdish Singh Sahasi (P.W. 10) has deposed that he was emerging on the Madhya Marg at about 10.15 a. m. on the fateful day when he saw that Mrs. Mohinder Gupta, claimant, was coming on a Lambretta scooter No. HYA -1975 in her advocate's robes and was approaching the Madhya Marg from the service lane of Sector 15 and he was following her at a distance of 25 yards. From Sector 16 side a three wheeler came and its driver waved his hand and gave a signal to enter the service lane from which Mrs. Mohinder Gupta was coming but the three wheeler did not proceed towards the said lane and hit Mrs. Mohinder Gupta due to which she fell down from the scooter and received injuries. He stated that the three wheeler was coming at a high speed and the scooter was at its normal speed. The front side of the three wheeler hit the rear side of the two wheeler. He immediately parked his scooter on one side and picked up the claimant and stopped a car which was coming from Sector 16 side. The claimant was taken to the P.G.I. in that car. The car driver brought him back to the site of the accident after the claimant had been admitted in the P.G.I. In cross -examination, his testimony was sought to be challenged and he gave the speed of the three -wheeler to be 50 to 60 kms. per hour. He also stated that Mrs. Mohinder Gupta had gone about 8 yards/meters from the point of emergence of the side lane towards the main road, when the three -wheeler hit her. He stated that he did not know the injured before the accident. The car, which took the claimant to the P.G.I. was identified by him as an Official Army staff -car and the driver to be a sikh gentleman without uniform. He also stated that his name was written by the P.G.I. authorities when the claimant was admitted there. Bachan Singh (P.W. 11) stated that he was proceeding from Sector 7 to Command Hospital, Chandigarh and was driving the staff car of the, Army and was on Madhya Marg, On the fateful day at about 10 or 10.15 a.m. he stated that a three wheeler scooter just crossed from behind in front of the General Hospital, Sector 16, Chandigarh. When the witness reached near the crossing, he saw a lady with white saree coming from the side lane but the three -wheeler was at excessive speed and hit the scooter. The two -wheeler stopped in the middle of the road and the lady fell down and got injuries. The injured was taken by him to the P.G.I. He recognised P.W. 10 as the other person whose name he did not know, who alongwith two other persons had taken the injured to the P.G.I. in his car. He stated that his car number, name and address were noted in the P.G.I. He was cross -examined and he stated that injuries were on the head and she was bleeding and was not able to speak. He saw blood on her face, hair and neck. The three -wheeler stopped at a distance of about 7 meters from the dividing lane and had capsized on the left side. The three wheeler was stated to be at a distance of about 13 meters ahead of the car and he had seen the accident. Some portion of his cross -examination is as follows: