NATIONAL INSURANCE CO. LTD Vs. JASWINDER KAUR

JUDGEMENT

(1.) THE accident here was between a car USB 4012 and a scooter CHU 9771. This happened at Chandigarh on September 10,1977, at about 9 a.m. on the road between Sectors 17 and 22. Hardev Singh, the driver of the scooter sustained injuries as a result of which he died two months later on November 19, 1977.

(2.) THE Tribunal held this to be a case of contributory negligence, which was apportioned to be 80 per cent that of the car driver and 20 per cent of the deceased. After makiDg an allowance for the contributory negligence of the deceased, a sum of Rs. 48,200/- was awarded as compensation to the claimants, they being the mother of the deceased, his widow and three minor children.

(3.) THE owner of the car and the Insurance Company, with which it was insured, on the other hand, took the plea that the car had not been involved in the accident. It was said that the deceased had been driving the scooter rashly and negligently and had received the injuries on account of a fall from his scooter. The car driver was proceeded against ex-parte. No written statement was filed by him, nor was he examined as a witness.