BALLU GAUR Vs. R P RANDHAWA

JUDGEMENT

(1.) On 11th September, 1970, at about 4 PM, an accident took place between two Cars on G.T. road, near Pipli Khera, within the jurisdiction of Police Station, Ganaur, Sonepat. Car No. DLJ 6734 was coming from Delhi towards Ambala Cantt and was being driven by Brig. R.P. Randhawa, who died in accident. Car No. HRA 2883 was coming from Ambala and was going to Delhi. It was being driven by Mool Chand, driver of M/s Gaur Scientific Metal Works Nicholson Road, Ambala Cantt, which firm owned the car. Naresh Kumar Gaur, who was managing partner of the aforesaid firm and an occupant of the car also died in accident. Two more occupants of Brigadier's car were injured. The heirs of both the deceased and the injured filed separate claim applications before the Motor Accident Claims Tribunal. While the legal representative of Naresh Kumar Gaur blamed the driver of the other car, the legal representative of Brig. Randhawa blamed Mool Chand driver. All the claim applications were consolidated and tried and decided together. On the contest of the parties, the following issues were framed :

(2.) After evidence was led, by award dated 16th December, 1980, Rs. 59,600/- were awarded to legal representatives of Brig. Randhawa, out of which Rs. 50,000/- were to be paid to his widow and four sons and the remaining to his parents. The Tribunal also awarded Rs. 26,000/- to the minor daughter of Naresh Kumar Gaur, who was about 13 days old and Rs. 10,000 to his parents. One of the injured was granted Rs. 5000/- and the claim petition of other injured was declined. The legal representatives of Naresh Kumar Gaur have come up in appeal to this Court to claim further enhancement. An application for amendment has been made by them to take a specific ground to challenge the finding of the Tribunal to the effect that Mool Chand driver was negligent. The application was ordered to be heard with the main case.

(3.) After hearing the learned counsel for the parties and on perusal of the record I am of the view that this is a case where the drivers of both the cars were negligent and if any one of them had been careful the accident could have been avoided. The evidence brought on the record when seen with photographs go to show that the car driven by Brig. Randhawa hit the other car towards the left front door and the left front Mudguard as a result of which both the doors on the left side and the left front Mudguard got seriously damaged and the roof of the car also bent down. The Brig. Randhawa's car was badly smashed from the front side.