G.L. NAGPAL Vs. M.P. RAIZADA

JUDGEMENT

(1.) ON 22-6-1975 at about 3.00 p.m. G.T. Road between Karnal and Gharaunda, an accident took place between Fiat Car No. HRR-3719 and Jeep No. HRK-1606 belonging to Haryana Agro Industrial Corporation Ltd., Chandigarh. The car was being driven by Vipin Nagpal, Advocate aged 29 years and his father Shri G.L. Nagpal aged 57 years, mother aged 47 years and younger brother Vijay Nagpal aged 27 years, were the other occupants of the car. The driver of the car received minor injuries whereas the other occupants sustained serious injuries. According to the occupants of the car, the jeep was being driven by Raizada Mohinder Pal who was S.D.O. in the Corporation and similar was the stand of Sangat Singh, driver incharge of the jeep ; whereas according to Raizada Mohinder Pal, the jeep was being driven by Sangat Singh driver. All the occupants of the car filed claim applications before the Motor Accident Claims Tribunal, Karnal (hereinafter referred to as the Tribunal).

(2.) ON the context of the parties, several issues were framed by the Tribunal. On the evidence led in the case, the Tribunal by award dated 7-4-1980 came to the conclusion that Sangat Singh was driving the jeep and even if it is held that Raizada Mohinder Pal was driving the jeep, it did not make any material difference in deciding the matter in as much as the driver of the jeep was not negligent and the driver of the car was negligent. Consequently, all the claim applications were dismissed. All the four claimants have filed F.A.O. Nos. 476 to 479 of 1980 in this Court. Since all these appeals arise out of one and the same award of the Tribunal, they are being disposed of by this common judgment.

(3.) IT was nobody's case in the pleadings that there was drizzling due to which the car skidded and bit the jeep. For the first time in evidence, this new case was sought to be set up which cannot be relied upon. It is clearly an after-thought. Accordingly, I reverse the finding of the Tribunal and hold that it was the driver of the jeep who was negligent and the driver of the car was not to blame.