JAGDISH RAI SHARMA Vs. KESHO DEVI

JUDGEMENT

(1.) ON July 19, 1973 at about 11.50 A.M. Phagu Ram was run-over and killed by the car WBF-9414. It was the case of the claimants that the deceased was walking on the left side of the road, when the car came from behind and hit into him.

(2.) THE tribunal came to the finding that the accident here was caused entirely due to the rash and negligent driving of Sahib Singh, the driver of the car. A sum of Rs. 23,000/- was awarded as compensation to the claimants, they being the widow and the minor children of the deceased.

(3.) IT is significant to note that the driver of the car did not appear as a witness to give his version of the accident. The only witness examined by the respondent being R.W. 1 Jagdish Rai Sharma, who was travelling in the car at that time. In his testimony he no doubt, sought to take up the plea that the accident occurred when the deceased tried to go across the road, but no such version found mention in the written statement filed by Jagdish Rai Sharma. On the face of it, it was merely an after-thought. From the facts and circumstances of this case, therefore, the tribunal rightly held the car driver guilty of negligence.