JAGDEEP SINGH Vs. KIRAN KUMARI

JUDGEMENT

(1.) THE challenge in appeal here is to the award of Rs. 1,05,600/- as compensation to the widow and minor children of Corporal R.C. Yadav of the Indian Air Force, who was killed in an accident with the scooter CHO-2797 driven by Jagdeep Singh. The deceased was on his motor-cycle at that time. This happened on October 23, 1978 at about 4.15 p.m. On the road between sectors 17 and 18, Chandigarh. The tribunal held the scooter-driver wholly to blame for the accident. Rash and negligent driving thereof being found against him

(2.) THERE are conflicting versions of the accident. According to the claimants, the accident occurred when Jagdeep Singh came on to the road via a kachcha path on the side of sector 18. The case of Jagdeep Singh, on the other hand, was that both the scooter and the motor-cycle were coming from opposite directions on the main road when the motor-cycle suddenly came on to its wrong side and hit into the scooter.

(3.) JAGDEEP Singh on the other hand, deposed to his version of the accident when he came into the witness box and he was supported by RW 2 Som Nath another eye-witness to the occurrence. They both deposed that it was the motor-cycle that had come on to the wrong side of the road and hit into the scooter. Mr. L.M. Suri, counsel for Jagdeep Singh laid great stress upon the fact that Jagdeep Singh had been acquitted in the criminal case relating to this accident. The judgment of the criminal court being exhibit R/l He next adverted to the testimony of PW 4 constable Yaad Ram that the motorcycle did not swerve towards its right before the accident and that the place of impact was about 2 or 3 feet inside the road from the side of sector-15 In tnis behalf the site plan Exhibit P/4 prepared by PW 3 S.I. Satnam Singh' was regarded to where the point of collision was shown to be on the other side of the centre of the road. Great resistance was also sought to be placed upon the testimony of RW 2 Som Nath, who was described as a wholly independent witness.