LAWS(P&H)-1976-3-11

STATE OF PUNJAB Vs. ROSHNAI RAM AND ORS.

Decided On March 02, 1976
STATE OF PUNJAB Appellant
V/S
Roshnai Ram And Ors. Respondents

JUDGEMENT

(1.) THIS is a first appeal from the order of the Motor Accidents Claims Tribunal, Chandigarh dated the 27th of June, 1968, directing the Appellant State and Respondent No. 4 to pay Rs. 6,400/ - as compensation to Roshnai Ram Respondent No. 1 for the injuries sustained by him in an accident which took place on the 7th of July, 1967, in the vicinity of the Government Press Building at Chandigarh.

(2.) THE admitted facts are that on the 7th of July, 1967, at about 10 a.m. Roshnai Ram Respondent No. 1 sustained injuries when he was hit by car No. PNE 39 belonging to the Appellant State, after that car had collided with another car bearing registration No. DLJ -4290. It is further not in dispute that the accident took place on the main road just after car No. PNE 39 had emerged from a by -lane. According to the case put forward by the Appellant State, car No. PNE 39 had been hit in the rear by the other car. In this situation the Tribunal held that it was the driver of car No. PNE 39, which is owned by the Appellant State, whose negligence was responsible for the accident. That is why the claim of the Appellant State that it was the driver of the other car whose negligence was responsible for the accident was turned down by the Tribunal which took into consideration the other relevant circumstances for arriving at the sum of Rs. 6,400/ - to be awarded as compensation to Roshnai Ram.

(3.) NO other point has been urged before me and, for the reasons stated above, the appeal fails and is dismissed with costs.