DHAN RAJ Vs. SABIR

JUDGEMENT

(1.) THIS appeal has arisen out of an award given by the Motor Accidents Claims, Tribunal, Bhiwani, awarding compensation in the sum of Rs. 19,200/- to the appellants with proportionate costs and interest at the rate of 6% per annum.

(2.) THE brief facts as emerge out of the pleadings and evidence brought on the record of the case are that an accident took place near village Mithi on Behal-Jhupa road in district Bhiwani on 2. 11. 1982 at about 4. 15 P. M. in which Ram Kishan driver of the Motor Cycle No. PUP 3193 died, whereas pillion rider Tara Chand suffered injuries. The case of the claimants, in short, is that Ram Kishan resident of village Mithi was going to village Jhupa alongwith Tara Chand pillion rider and when he reached Behal-Jhupa road, he slowed down the speed of the Motor Cycle as he was to negotiate the turn towards Jhupa road. A car bearing No. DEC 1205 driven by Satbir driver at a high speed suddenly appeared from the side of village Jhupa and struck against the Motor Cycle. The car driver did not blow horn.

(3.) THE petition was contested by all the respondents. The driver and owner, respondents No. 1 and 2 respectively, filed joint written statement wherein it was pleaded that respondent No. 1 was very cautious in driving the car and that the deceased was driving the Motor Cycle rashly and negligently. According to them the accident took place on account of negligence of the motorcyclist. Respondent No. 3, the insurance company while admitting the insurance of the vehicle in question took up the plea that the policy lapsed before the date of the accident.