SATBIR SINGH Vs. BALWANT SINGH

JUDGEMENT

(1.) THIS order will also dispose of F.A.O. No. 500 of 1983 as both these appeals arise out of the same judgment of the Motor Accident Claims Tribunal, Ambala dated 8th March, 1983.

(2.) THE accident had taken place on 9th May, 1980 at 1.30 P.M. with motor cycle No. CHD-7192 driven by Satbir Singh while going from Kalka to Pinjore. Ashok Kumar deceased was sitting on the pillion seat of the motor cycle. Ashok Kumar was employed as a forest guard and Satbir Singh was Forest Range Officer, Pinjore. The truck which struck against the motor cycle was being driven by Balwant Singh who came from the opposite direction i.e. from Pinjore side. The truck was owned by Jarnail Singh. In the said accident, Ashok Kumar the pillion rider died whereas Satbir Singh received grievous injuries. The motor cycle was also damaged. Thus, two claim petitions were filed, one by Satbir Singh for compensation on account of the injuries received by him and the other by Ramesh Rani, widow of deceased Ashok Kumar. The learned Motor Accident Claims Tribunal dismissed the claim petition filed by Satbir Singh on the ground that the accident was caused by his negligence. Even the amount of compensation was also not determined. However, the claim petition of Ramesh Rani, widow of Ashok Kumar was allowed and she was awarded a sum of Rs. 38,400/- by way of compensation with interest at the rate of 6 per cent per annum from the date of the award.

(3.) UNDER issue No. 1, the Tribunal found that it is clear cut case of contributory negligence and the negligence of Satbir Singh driver of the motor cycle is more than that of Balwant Singh driver of the truck. It has been further found that the death of Ashok Kumar, injuries to Satbir Singh and damage to motor cycle No. CHD-7192 were due to the negligence of the drivers of both the truck No. HYA-7247 by its driver Balwant Singh and motor cycle No. CHD-7192 by its driver Satbir Singh.