GURDIAL SINGH Vs. TARA WATI

JUDGEMENT

(1.) THE challenge in appeal here is to the award of Rs. 1,40,000 as compensation to the widow and children of Moti Ram, deceased, who was killed when, while riding on the pillion seat of a motor cycle, he was knocked down and seriously injured by truck PNT 7373, coming from the opposite direction. This happened on September 9, 1977, at about 8 p. m. on the road between the new and the old bus stands at Bhatinda. Moti Ram, deceased, died soon after the accident as a result of the injuries sustained.

(2.) IT was the finding of the Tribunal that the accident had been caused wholly on account of the rash and negligent driving of the truck driver, Babu Singh. This finding warrants no interference in appeal.

(3.) THE case of the claimants, on the issue of negligence, rests upon the testimony of PW-4, Sham Lal, who was driving the motor cycle at the time of the accident and is corroborated by that of PW-3. Ram Kumar, whose presence at the spot clearly stands proved and is the most natural and probable. Further corroboration of the testimony of PW-4, Sham Lal, is provided by the first information report recorded on his statement soon after the occurrence. A consistent account of the accident finds mention therein. A reading of the testimony of these witnesses would show that there are no discrepancies or contradictions to create any doubt in the version they deposed to. A matter of material significance here is the non-appearance of the truck driver, Babu Singh, to depose on his side of the story, if indeed, it was in any manner different from the one put forth by the claimants. The claimants have, in fact, placed on record copies of the judgments of the trial magistrate as also the Additional Sessions Judge, Bhatinda, relating to the conviction of the truck driver, Babu Singh, for rash and negligent driving in respect of this accident and the dismissal of his appeal filed against this conviction. Such being the situation, the finding of negligence recorded against the truck driver must accordingly be upheld and affirmed.