KAMLESH KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal has been filed against the award dated 2. 6. 2000 passed by the learned Motor Accidents claims Tribunal, Chandigarh (for short 'the Tribunal') in M. A. C. Case No. 258 of 29. 11. 1987.

(2.) THE appellants along with pro forma respondent Nos. 5 and 6 herein filed a claim application under section 166 of the motor Vehicles Act, for grant of compensation on account of death of Raghubir singh, who was going on his scooter No. CH 01-C 3772. Raghubir Singh met with an accident with a truck bearing registration no. DL 1g-A 1696 near the turning of sector 24-C, Chandigarh. It was claimed that the accident had occurred due to negligence of the truck driver as he suddenly turned the truck towards wrong side without giving any signal which hit the scooter, as a result of which Raghubir Singh fell down on the road and sustained injuries and he succumbed to those injuries in hospital. The compensation to the tune of rs. 15,00,000 (rupees fifteen lakh) was claimed on account of the death of Raghubir Singh.

(3.) CLAIM was contested by the respondents by filing separate written statements. Respondent No. 1 denied all the assertions made in the claim application and it was claimed that the accident had taken place due to negligence of the deceased Raghubir singh. It was pleaded that Raghubir Singh was driving the scooter at a very high speed in a rash and negligent manner. It was further claimed that in an anxiety to overtake the truck, he lost his balance and fell down on the road. It was also claimed that the respondent No. 2 had lifted the scooterist in an unconscious condition and shifted him to P. G. I. , Chandigarh and got him admitted there.