TIRLOK SINGH Vs. KAILASH BHARTI AND ORS.

JUDGEMENT

(1.) The accident here was between a cycle and a motor cycle, resulting in the death of the cyclist -Jagdish Chander Bharti, who later died in hospital on account of the injuries sustained. This happened at Yamuna Nagar on September 22.1978.

(2.) It was the finding of the Tribunal that the accident here had been caused by the rash and negligent driving of Sukhdev Singh, the driver of the motor cycle. A sum of Rs. 36,000/ - was awarded as compensation to the claimants, they being the widow and children of Jagdish Chander Bharti deceased.

(3.) Assailed in appeal now, is the finding recorded on the issue of negligence as also the liability fastened upon Tirlok Singh the owner of the motor cycle, for the compensation awarded. The contention raised being that the deceased had died as a result of the injuries sustained on falling from his cycle when he suddenly turned it and not on account of the motor cycle hitting into it. As regards Tirlok Singh, the case pleaded was that he was in Dubai at the time of the accident and Sukhdev Singh, his younger brother, had taken the motor cycle without his knowledge or consent and he could not therefore, be held vicariously liable for the accident that occurred.