MAJOR PREM NATH SEHGAL Vs. JAGAT MOHAN

JUDGEMENT

(1.) THIS letters patent appeal under Clause 10 of the letters Patent arises from the judgment of the learned Single Judge in First Appeal against order No. 836 of 1985 dated 24. 11. 1989.

(2.) THE appellant was proceeding on his Scooter bearing NO. MHI-2641 from Sector 20 towards road between Sector 20 and 33 in Chandigarh City. The first respondent Jagat Mohan alongwith pillion rider Dr. B. D. Chugh Were proceeding on the road between Sector 20 and 33 towards Ambala. Both the vehicles met with an accident causing injuries to the appellant as well as Dr. B. D. Chugh who was the pillion rider of Motor-Cycle No. 8181. Both of them filed claim petitions before the Motor Accidents Claim Tribunal. Dr. B. D. Chugh filed MACT No. 10 of 1983 while the appellant filed MACT No. 25 of 1983. As the vehicle of the appellant was insured, the Insurance Company was impleaded as a party to MACT No. 10 of 1983. Both the applications were taken up for trial by the Tribunal, as they arise out of the same accident. The Tribunal by its judgment dated 28. 3. 1995 held that the accident took place as a result of rash and negligent driving of the Scooterist-appellant herein. And accordingly, awarded a compensation to Dr. B. D. Chugh and dismissed the claim petition of the appellant. In view of its finding, the accident took place as a result of the negligent driving on the part of the appellant.

(3.) LEARNED counsel for the appellant contended that the finding of the Tribunal as confirmed by the learned Single Judge that the appellant was negligent and he was responsible for causing the accident, was not based on proper appreciation of the evidence and, therefore, the Tribunal as well as the learned Single Judge erred in dismissing his claim petition.