NEW INDIA ASSURANCE CO. LTD Vs. JAGDEEP RIAR

JUDGEMENT

(1.) THE claims for compensation here pertain to Dr. Manjit Singh Riar of the General Hospital, Chandigarh, who was killed when the jeep, he was travelling in, was involved in an accident with a car at the crossing on the road between sectors 36 and 37, Chandigarh. This happened no July 29, 1978 at about 11-30 A.M. It was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of the car-driver. A sum of Rs. 15,000/- was awarded as compensation to the widow Jagdeep Riar and Rs. 60,000/- to the parents of the deceased.

(2.) THE finding of negligence recorded against the car-driver warrants no interference in appeal. The evidence on record shows that the jeep was on the road between sectors 36 and 37 and was proceeding on its correct side of the road when the car PUR-2888 came on to the crossing from the side of Sector 37 that is, from the left of the jeep when this accident occurred, The photographs of the scene of the occurrence taken soon thereafter, exhibts P/1 to P/13. clearly indicate that it was the left front side of the car that bad hit into the jeep, which is by itself a telling circumstance pointing to the negligent driving of the car-driver. With the jeep travelling on the main road and that too on its correct side, no accident could have taken place if the car driver had taken the precaution of seeing that the crossing and road ahead was clear before proceeding to enter it had and at any rate, such damage on the front left side of the car could not have occurred unless the car had turned to its right and thereby got on to the correct path of the jeep. There is no explanation or record to explain away the obvious inference of negligence that these circumstances give rise to against the car-driver.

(3.) THIS testimony of PW 4 Surinder Khanna was corroborated by that of PW 7 Mr. S.K. Bhardwaj and PW 8. Lcbhman Das who were both travelling in the jeep along with Dr. Manjit Singh deceased. The account of the accident, as given by them, was consistent and wholly inconsonance with that narrated by P.W. 4 Surinder Singh Khanna. It would be pertinent to note that according to both PW 7 Mrs. S.K. Bhardwaj and PW 8 Lachhman Dass. Dr. Manjit Singh had to be dropped near the crossing and it was on that account that the jeep was at a slow speeded when this accident occurred. The jeep being at slow speed there cannot, therefore, be doubted.