SHEILAWATI Vs. SUKHDEV KAUR

JUDGEMENT

(1.) THE matter here arises from an accident between a truck and a motor-cycle. This happened in Ambala on December 16, 1977 at about 11 P.M. Karam Singh who was on the motor-cycle at that time was killed in this accident.

(2.) ON the finding that the accident here had been caused by the negligence of the truck driver, the claimants, they being the widow, two minor children and parents of Karam Singh, deceased, were awarded a sum of Rs. 72,000/- as compensation.

(3.) THE Tribunal found in favour of the claimants on the issue of negligence relying upon the testimony of A.W, 6 lsher and A.W. 7 Bachana, who deposed to being the eye witnesses of the occurrence. Another important piece of evidence in this case is the statement of the truck driver, which he made in the criminal court. This being exhibit AW, 13/1. He admitted therein that the truck HRA-9344 had been involved in this accident and that the accident had been caused by his rash and negligence driving. It is pertinent to note that the driver of the truck did not appear in the witness box. The version of the accident as given by A.W. 6 Isher and A.W. 3 Bachana was a consistant and a straight forward one with no contradictions or discrepancies to create any doubt therein. No occasion is thus provided warranting any interference in appeal with the finding that the accident here had been caused by the negligence of the truck driver.