JAWAHAR SINGH Vs. KESAR RANI

JUDGEMENT

(1.) IN an accident between a government jeep HYA-584 and the truck HYA-8192 coming from the opposite direction, two occupants of the jeep namely; Lachhman Dass and Bhoop Singh Bishnoi were killed while the third Avtar Krishan Prashar sustained injuries. This happened on November 7, 1979 at about 7.30 a.m in the area of village Meham on the Rohtak Hissar Road

(2.) IT was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of the truck driver. A sum of Rs. 84,672/- was awarded as compensation to the widow and children of Lachhman Dass deceased. Rs. 92,736/- to the parents, widow and children of Bhoop Singh Bishnoi deceased and Rs. 3,000/- to the claimant Avtar Krishan Prashar for his injuries.

(3.) A reference to the material on record would show that three witnesses came-forth to depose to the accident; they being RW 2 Ranjit Singh, the driver of the jeep AW 17 Avtar Krishan Prashar, one of the occupants thereof and RW 1 Ram Kumar, the truck driver. A reading of their testimony would show that the accident occurred when both the vehicles went on to their wrong side of the road, in that, the version deposed to by the jeep driver and the claimant A.K. Prashar, was that the truck coming from the opposite direction had come on to its wrong side of the road and in the first instance taken to its extreme left, but when it came too near, the jeep driver suddenly turned it to this right with a view to avoid a collision with the truck but the truck driver just, at the last moment suddenly turned his truck to the left and then the accident occurred. On the other hand, the truck driver Ram Kumar deposed that it was the jeep that came on to its wrong side of the road and it was in order to avoid an accident with it that he turned his jeep towards its right and it was then that the two vehicles collided. In other words, both the drivers admitted to not keeping their vehicles on the correct side of the road They both took their respective vehicles on to their right and then blamed the other for having been constrained to do so. In the circumstances, as have now been pointed by these witnesses, it is apparent that if the vehicles had struck to their side, in all likelihood, they would have crossed without causing damage to each other. This being so, there can be no escape from the conclusion that blame for the accident must lie with both the drivers and not with the truck driver alone.