PREM SINGH Vs. RAJ RANI

JUDGEMENT

(1.) THE matter here arises from an accident between the tractor HRA-1048 with trolley and a scooter HYA-3947 which occurred on January 22, 1981 at about 1.30 P.M. in the area of village Jalbera on the Ambala-Hissar road. Both the tractor and the scooter were travelling in the same direction when this happened. It resulted in the death of both Tilak Raj, who was driving the scooter as also Ram Sarup, who was sitting on the pillion seat thereof. It was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of the tractor-driver, Prem Singh. A sum of Rs, 96,000/- was awarded as compensation to the widow and children of Tilak Raj deceased and Rs. 1,00,000/- to the claimants in the case of Ram Sarup deceased.

(2.) NEITHER the finding on the issue of negligence nor the quantum of compensation awarded to the claimants, warrants any interference in appeal.

(3.) THE tractor-driver, Prem Singh, on the other hand, took the plea that the scooter had come on to the road from a side road and it then struck against the left side of the tractor trolley. The accident was thus caused due to the negligence of the deceased.