MOHINDER SINGH Vs. RATTAN KAUR

JUDGEMENT

(1.) THE challenge in appeal here is to the Award of Rs. 1,49,765/-, as compensation to the widow and children of Hukam Chand Dalal, District Education Officer, who was killed while sitting on the pillion seat of the scooter DEO-1681 when it met with an accident with the taxi HRY-866 coming from the opposite direction. This happened on February 12, 1982 at about 7 P.M. near Murthal on the G.T. Road between Panipat and Delhi. It was the finding of the Tribunal that this accident had been caused entirely due to the rash and negligent driving of the taxi-driver Ranbir Singh.

(2.) THE finding on the issue of negligent warrants no interference in appeal. The evidence shows that traffic checking by the police was on with some trucks parked on one side of the road and the police jeep on the other when this accident occurred. According to PW 5 Kanwar Singh driver of the scooter, he had slowed down his scooter and put it into neutral gear when he, saw the police. Just then the car came there from the opposite direction and hit into his scooter as a result of which the scooter get entangled in the car and it was dragged to a considerable distance before it eventually stopped.

(3.) IF would be pertinent to note at the very out-set that there is no plea in the written statement to the effect that it was on account of the scooter trying to over-take the truck proceeding ahead that it came on to the wrong side of the road and hit into the car, nor was there any such suggestion made to RW 5 Kanwar Singh-driver. It was when the taxi driver and his witnesses came into the witness-box that they for the first time came forth with this version. In the circumstances, it cannot be described as an after-thought.