SAVITA SHARMA Vs. J.N. SHARMA

JUDGEMENT

(1.) THE challenge in appeal here is to the dismissal of the claim for compensation filed by the widow and minor children of N.K. Sharma deceased, who was killed in a road accident on the Nangal-Ropar road at about 7 p.m. on November 1, 1975.

(2.) ACCORDING to the claimants, N.K. Sharma deceased and Gautam Sharma were proceeding towards Ropar on Motor Cycle when the respondent J.N. Sharma came from behind at a very fast speed on his Motor Cycle and while trying to overtake, got the two motor cycles entangled as a result of which both N.K. Sharma and Gautam Sharma were thrown down and killed. The blame for this accident was attributed wholly to the respondent J.N Sharma.

(3.) A plea was also raised by the respondent that all the relations of N.K. Sharma deceased had given it in writing to the police that the accident had occurred by chance and not with the motor cycle of J.N. Sharma and consequently no one was to be blamedts it.