NARESH KUMAR Vs. RAVINDER SINGH

JUDGEMENT

(1.) THIS is an appeal directed by Naresh Kumar injured against the Award dated 13.10.1998 passed by Mrs. Sneh Prashar, Motor Accident Claims Tribunal, Rohtak for enhancement of compensation.

(2.) BRIEFLY stated that accident took place on 14.3.1996 of a truck bearing registration No.HR -46 -3795 being driven by Satbir Singh, its first driver was returning from Maharashtra State. Its second driver Jaipal Singh and conductor Naresh Kumar were sitting in the truck besides the driver. When the truck reached in the area of Police Chowki Kasara Police Station Thane, the truck became out of control as it was being driven rashly and negligently by driver Satbir Singh. The brakes of the truck became out of order and it struck against another vehicle that was coming from opposite direction. As a result of the accident both the drivers died and Naresh Kumar conductor received multiple injuries.

(3.) RESPONDENT No.1 filed written statement alleging that accident had not taken place due to his rash and negligent driving. He has pleaded that accident has taken place due to brake -failure and there was no fault on the part of the driver of the truck. The truck in question hit another standing truck parked on the road side. Thus the accident was not caused due to rash and negligent driving of the truck in question. On merits, the allegations were denied.