K.S. MINHAS Vs. SNEH LATA

JUDGEMENT

(1.) WHOSE negligence was it that led to the accident between the car CH-5884 and the tractor-trolley HRJ-1019 ? Herein lies the main controversy which arises in this appeal.

(2.) THE accident occurred on March 17-9-78 at about 8-30 P.M. near Nilokheri on the Grand Trunk Road between Karnal and Ambala. Mr. R.K. Sud, a lecturer in the Physical Education College, Patiala, who was travelling in the car sitting besides the driver and car-owner of which he later died at the Post Graduate Institute at Chandigarh on March 20, 1978. According to the Tribunal, this was a case of composite negligence with the both car-driver as also that of the tractor-trolley being equally to blame. They were thus held to be jointly and severally liable for Rs. 1,29,600/-awarded as compensation to the claimants, they being the parents, widow and children of R.K. Sud deceased.

(3.) THE car-driver Mr. K.S. Minhas, who was also its owner, on his part took the plea that he was proceeding towards Chandigarh when the tractor-trolley, loaded with sugar-cane came on to the road from the side. He, thereupon, immediately turned his car towards the extreme right, but the tractor-driver could not control his vehicle as a result of which it came and hit into the car and after causing the accident, he ran away. Further, after the accident, he reported the matter to the police and also arranged for the medical treatment for the injured-R.K. Sud at the Post Graduate Medical Institute, Chandigarh.