BHAGWANI DEVI Vs. KRISHNA KUMAR SAINI

JUDGEMENT

(1.) The accident here took place on the Rohtak Hissar National Highway near the link road to village Bahu-Jamalpur. Tara Chand, deceased, coming on his scooter DLH-9814 from the side of Rohtak had turned to go on to the link road, when the car DLE-4174 came from the opposite direction, that is, from the side of Hissar and hit into the scooter. This happened at about 8 p.m. on Dec. 5, 1979. Tara Chand sustained multiple injuries, as a result of which he died at the Medical College, Rohtak about a fortnight later on Dec. 23, 1979.

(2.) It was the finding of the Tribunal that this was a case of contributory negligence with both the car driver and the deceased being equally to blame. A sum of Rs. 30,000/-was awarded as compensation to the widow Bhagwani Devi, daughter Kamla Devi and son Rajbir Singh. The claims of the three other sons namely, Ved Bir Singh, Ranbir Singh and I. S. Balhara were, however, dismissed.

(3.) According to the claimants, the accident had been caused entirely due to the rash and negligent driving of Krishan Kumar, the car driver. It was said that the car was being driven carelessly and at an excessive speed and that without any horn being blown it went on the Kacha path towards village Bahu-Jamalpur and hit into the scooter of the deceased. In other words, the scooter had almost entered the link road when the car struck it.