SOKINDER AND ORS. Vs. MOHAMAD IDRIS AND ORS.

JUDGEMENT

(1.) THE above captioned three first appeals had arisen from an award dated 01.09.1998 passed by Motor Accident Claims Tribunal, Karnal in MACT case No. 72, 73, 74 and 103 1995. Each shall be disposed of by this common judgment in FAO No. 2650 of 1998.

(2.) THE facts garnered from the record are that on 19.12.1994 Lokender, Baldev Singh, Siri Cand and Sokinder were coming from Village Toda to Karnal by means of Tractor -Trolley bearing registration No. UP -12A -4493 (hereinafter referred to as the "Tractor -Trolley") of which Siri Chand was the owner and Sokinder was the driver. When they reached near Haryana Barrier Yamuna Bridge, a bus bearing registration No. UP -11 -7171 (hereinafter referred to as the "bus") came from their backside and struck against the tractor by coming on the wrong side of the road. As a result of accident, all the occupants of the Tractor -Trolley suffered injuries and the same also got damaged. On the statement of Sokinder, a criminal case under Sections 279/337 of the Indian Penal Code was registered against Mohammad Idris, driver of the bus.

(3.) RESPONDENTS No. 1 and 2 (driver and owner of the bus) filed a joint written statement in each petition raising various legal preliminary objections. Replying on merits they denied the allegation that the accident had taken place as a result of rash and negligent driving on part of driver of the bus. They submitted that the Tractor -Trolley was going ahead of the bus. The driver of the bus sought side from the Tractor -Trolley. Since the driver of the Tractor -Trolley was in drunk condition, he while giving side took the Tractor -Trolley on the stones lying beside the road and in that process the tractor turned turtle and a portion of it also hit the bus causing damage to it.