SMT. RUKMANI DEVI Vs. RAMESHWAR DATT AND ANOTHER

JUDGEMENT

(1.) THE challenge in appeal here is to the denial of compensation to the claimant Rukmani Devi who sustained injuries while traveling in the car HRL -400 when there was a head on collision between this car and the Matador HRK 6836 coming from the opposite direction. This happened on 17th July, 1979 at about 9.30 P.M. in the area of village Gajwar on the Grand Trunk Road between Gharaunda and Panipat. It was the finding of the Tribunal that it was the driver of the car who was wholly to blame for the accident and no compensation was thus payable to the claimant. It is this finding that is now assailed.

(2.) IT is the common case of the parties that there was indeed an accident between the car and the Matador and it occurred on a straight road which was wide enough to permit even two large vehicles to cross. There is also nothing to suggest that the road ahead for both these vehicles was not clear. Negligence was thus inherent in the accident having occurred in this situation The question of coarse to be determined is whether the Tribunal was justified in placing the entire blame for the accident upon the car -driver alone.

(3.) THE case of the claimants rests upon the testimony of P.W. 3 Raj Kumar who claimed to have witnessed the occurrence while following the car on his motor -cycle To corroborate him, there is the testimony of the claimant P.W. 4 Rukmani Devi. It deserves mention here that it was on the statement of P.W. 3 Raj Kumar that the first information report relating to this accident was recorded the next morning According to both these witnesses the accident occurred when the Matador came on to the wrong side of the road. P.W. 3 Raj Kumar further stated that after the accident, the injured was no moved to the hospital at Panipat and he than left for Ambala to inform the relations of those killed and injured in this accident and it was when he returned the next morning that his statement was recorded by the police.