GULSHAN KUMAR Vs. BALWINDER SINGH

JUDGEMENT

(1.) GULSHAN Kumar, a four-year-old child was run over by a truck as a consequence of which his right leg had to be amputated from below the knee. This happened on November 2, 1977 at about 10 A.M. on Basai Road, Gurgaon.

(2.) THE claim for compensation put-fourth by the claimant-Gulshan Kumar was declined by the Tribunal holding that though the truck was being driven rashly, the accident had not been caused by any negligence of its driver. It is this finding which is now assailed in appeal.

(3.) THE version of the truck-driver, one the other hand, was that the accident occurred when Gulshan Kumar ran to cross the road without bothering about the traffice on the road. The truck-driver, on seeing him, immediately blew the horn and applied brakes, but Gulshan Kumar hit into truck and fell down. The truck-driver, it was said, could not therefore, be blamed for the accident.