ASHOK KUMAR GULATI Vs. PARVAISH SAHDEV

JUDGEMENT

(1.) IN an accident at the crossing of Sections 20, 21, 33 and 34, Chandigarh, Prem Nath Sahdev was run over by a frock HRA-9763. He was on his 'Luna' CHO-4426 at that time. The deceased died at the spot as result of the injuries sustained in this accident.

(2.) THE Tribunal held this to be a case of contributory negligence which was apportioned to be two-third of the truck driver and one-third of the deceased. A sum of Rs. 44,800/- was awarded as compensation to the claimant, they being the widow and two minor children of the deceased.

(3.) THE Tribunal rightly relied upon the testimony of PW 4 Shiv Darshan Singh, who deposed to bring an eye witness of the occurrence. It was on his statement that the First Information Report was recorded in this case. His presence at the spot is also supported by RW 1 Ajmer Singh, who was examined by the truck driver. The testimony of this Ajmer Singh is, however, of no assistance to the truck driver. He too had deposed as per the version of the truck driver as discussed above. What deserves note with regard to his testimony is that he had twice been summoned to appear as a witness for the claimants, but had not appeared despite summons having been served upon him, but he came forth to depose in favour of the truck driver. He admitted that the truck driver was known to him. He cannot be treated as worthy of belief. Having regard to the evidence on record, and the circumstances of the case, particularly the photographs taken immediately after the accident, no exception can be taken to the finding recorded by the Tribunal and this finding is accordingly upheld and affirmed.