BALDEV SINGH Vs. SHAMO DEVI

JUDGEMENT

(1.) Baldev Singh-appellant (driver and owner of the offending tractor No. PBU-3783), has preferred the present appeal for setting aside the impugned Award dated 01.02.2000, passed by the learned Motor Accident Claims Tribunal, Chandigarh (for short 'the Tribunal').

(2.) Brief facts, are that around 2.30 p.m. on 20.02.1996, one Ratti Ram, while driving his scooter No. CH-01-L-4981 at Dhanas Road, Chandigarh wanted to overtake the aforesaid tractor, being driven by appellant after blowing horn. Resultantly, the appellant turned his tractor on the left side of road to give way to the scooterist Ratti Ram. However, when the scooterist was in the process of overtaking the tractor, its driver (appellant) suddenly turned his tractor towards right side, on account of which, its tyre struck the scooter. As a result thereof, scooterist Ratti Ram fell down and received multiple, serious and grievous injuries and succumbed to the same. FIR No. 35 dated 20.02.1996, was recorded qua this accident. Respondent-Sham Devi, widow of the deceased (Ratti Ram) filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs. 10 lacs along with interest @ 18% per annum from the date of filing of claim petition till its realization, besides Rs. 11,000/- as counsel fee.

(3.) Upon notice, the appellant appeared and contested the claim petition by filing the written statement. He while admitting the accident pleaded that the deceased-Ratti Ram was solely responsible for suffering injuries in the impugned accident, because he had lost control over his scooter as he was driving the same in a rash and negligent manner.