SUNITA MITTAL Vs. TARANJEET SINGH

JUDGEMENT

(1.) THE appeal is by the claimants against the dismissal of the petition for compensation. The deceased was 30 years of age said to be engaged in the business of sale of auto spare parts which he was running under the name and style of M/s Bharat Steel Products.

(2.) THE accident was said to have taken place on 11.10.1990 when he was travelling in a car (maruti van) from Smallkha towards Panipat. When the vehicle was overtaking a stationary truck, the insured's vehicle coming from the opposite direction which was a truck bearing registration No.PAT -8449 dashed against the vehicle in which the deceased was travelling and he had suffered fatal injuries and succumbed immediately following the accident.

(3.) THE accident was an admitted fact. It was, however, contended by the respondents that the driver of the vehicle in which the deceased was travelling was trying to overtake 3 vehicles which were going ahead of him and only on account of his own negligent driving, the truck had dashed against the maruti van. In evidence, the 1st respondent, shown as a driver, contended that he was not actually driving the vehicle but yet another person by name Chander Bhan was driving the vehicle at that time. The court found that the driver of the maruti van alone was responsible in having a poor judgment while overtaking the vehicles and coming by a serious accident by collision.