SUDHA BAHRI Vs. SARVJIT SINGH

JUDGEMENT

(1.) THE claim in appeal here is for enhanced compensation.

(2.) SHYAM Kumar Bahri and his brother, Ashok Kumar Bahri, were both killed when their motor cycle met with an accident with one truck PUJ 1299 coming from the opposite direction. This happened on July 11, 1979, at about 9 p. m. on the Hoshiarpur-Jullundur Road. The Tribunal held this to be a case of contributory negligence with both the truck driver and Shyam Kumar Bahri, deceased, being equally to blame. A sum of Rs. 39,000 was awarded as compensation to the father, widow and the two minor sons of Shyam Kumar Bahri and Rs. 10,500 to the father and widow of Ashok Kumar Bahri.

(3.) THE finding of contributory negligence cannot indeed be sustained. The version of the accident, as given in the claim application, was that the truck was being driven without headlights and it came on to the the wrong side of the road at a very high speed and hit into the motor cycle and thus caused the accident. The respondents, truck driver, owner as also the insurance company denied any negligence on the part of the truck driver but it is pertinent to note that no counter-version of the accident was put forth by either of them. What is more, no evidence was forthcoming from the side of the respondents. Even the truck driver was not examined as a witness in this case.