MANDIP KAUR Vs. RAM LAL AND ORS.

JUDGEMENT

(1.) THE accident here was between a car (HRE 1568) and a motor cycle (CHU 2255), this happened on December 28, 1975 at a crossing in Sector 23. The car had come there from the road entering Sector 23 from the side of Sector 24; while the motor cycle had come from the road on its right. Gurdarshan Singh, the driver of the motor cycle sustained injuries to which he later succumbed in the hospital on December 30, 1975.

(2.) THE claimant Mandip Kaur, the young widow of Gurdarshan Singh, deceased, was awarded a sum of Rs. 4,950/ - as compensation, on the Tribunal holding this to be a case of contributory negligence, which of the deceased, was assessed to be 50 per cent.

(3.) THERE is a conflict of evidence whether the, car was proceeding straight through the crossing or had turned to its right. According to the claimant, it was while the car was turning to its right that the accident occurred; whereas according to the car driver, he was passing through the crossing at that time. Either way the car driver must be held to have been negligent as the evidence shows that the accident had occurred at the corner of the crossing. This corner being on the side from which the motor cycle had come. Even if it be taken, therefore, that the car was going straight there was clearly no occasion for it to have not kept to its correct side of the road. According to PW 7 Mandip Kaur, who was sitting on the pillion seat of the motor cycle at the time of the accident, the motor cycle had hardly gone four feet inside the crossing when the two vehicles collided. If the car was indeed to turn to its right, it would be obvious from a reference to the site plan, prepared by the Investigating Officer, PW 6 Assistant Sub -Inspector Pushpinder Singh, that the car had suddenly cut the corner for proceeding towards that side.