CHAMAN LAL Vs. ANIL KUMAR

JUDGEMENT

(1.) THE present appeal has been filed against the award dated 4.2.1999 passed by the Motor Accident Claims Tribunal, Kurukshetra (hereinafter called 'the Tribunal'), vide which a sum of Rs. 50,000/- was awarded as compensation to the appellant herein under 'No Fault Liability'.

(2.) BRIEFLY the facts of the case are that on 15.7.1997 Sanjiv Kumar along with Raj Kumar was returning from Shahbad in order to go to Ugala after finishing his work in the shop on scooter bearing No. HNQ-8790 which was being driven by him at normal speed. At about 3 p.m. when his scooter reached on Barara road near Majri Mohalla, Shahbad, a jeep No. MH-01/8376 being driven by Anil Kumar, respondent No. 1 rashly and negligently came to the wrong side and struck against the scooter of Sanjiv Kumar, as a result of which he fell down and received injuries. Raj Kumar, who was sitting on the pillion seat, also sustained injuries. As a result of the injuries suffered by Sanjiv Kumar, he died in PGI, Chandigarh on the next day.

(3.) THE claim was contested by respondent Nos. 1 and 2 in which the allegations made by the claimant-appellant were denied and it was alleged that the accident had taken place due to the negligence of the deceased Sanjiv Kumar. It was claimed that the deceased had made a statement before the Police which stood recorded in DDR in which it was stated that one cow came in front of the jeep and accordingly the accident had taken place by chance and there was no negligence on the part of respondent No. 1. The allegation regarding income of the deceased was also denied.