NIRMALA RANI Vs. SANTOKH SINGH AND OTHERS

JUDGEMENT

(1.) This order shall dispose of FAO Nos.1525 to 1527 of 1999, as the same arise from the same Award.

(2.) Brief facts are that on the fateful day viz 16.6.1997, Nirmala Rani was travelling pillion with her brother-in-law Harish Kumar on his scooter towards Dhand from Kurukshetra and when they reached near village Kamoda chowk on Kurukshetra-Dhand road, vehicle of respondent No.1 which was being driven rashly and negligently hit the scooter after coming wrong side on the road. As a result of this accident, Harish Kumar died while Nirmala Rani sustained serious injuries.

(3.) The Tribunal held contributory negligence viz 60% of the offending vehicle and 40% of the scooter, and awarded a sum of Rs. 1.20 lac (-40%) for the death of Harish Kumar, and Rs. 32,400/- to Nirmala Rani, and Rs. 8,000/- for damages to the scooter.