GURDIAL KAUR Vs. ATMA SINGH

JUDGEMENT

(1.) THE Malerkotla-Raikot Road near the turning to village Sandhaur was the scene of the accident here. Mohinder Singh, a schoolteacher had come on to this road on his motor-cycle when he was run over and killed by the milk-tanker PUM-3194, coming from the opposite direction. This happened on September 13, 1977 at about 1.45 P.M. The Tribunal declined compensation to the claimants, they being the widow and children of Mohinder Singh deceased, holding that they had failed to prove any rash and or negligent driving by the driver of the tanker. Herein lies the challenge in appeal.

(2.) IT is a well-established rule that vehicles coming from a side road must slow down and stop before entering the main road further that they must give way to traffic on the main road. It is apparent that the deceased did not observe such caution before going on to the main road. There is no suggestion of any slowing down of the motor cycle or the deceased ever having stopped before entering the Malerkotla-Rajkot Road. The evidence on record shows that the tanker was on the main road and the accident occurred when the motor cycle came on to it from the side road. Negligence on the part of the deceased is thus writ large.

(3.) CONSIDERING the totality of the circumstances in which the accident occurred, there can be no escape from the conclusion that this was a case of contributory negligence with both the deceased and the driver of the tanker being equally at fault.