BHATERI Vs. SAMPURAN SINGH

JUDGEMENT

(1.) THIS is Letters Patent Appeal against the judgment passed by the learned Single Judge of this Court on 11. 8. 87 in FAO No. 527 of 1983 allowing partly the appeal of Smt. Bhateri and others and awarding them compensation to the tune of Rs. 50,000/ - with interest @ 12% per annum from the date of application till realisation and dismissing the cross -objections Nos. 18 -C -II of 1984 of Sarjit Singh Vohra (owner of the offending truck ).

(2.) FACTS briefly stated are as follows :on 8. 4. 82 at about 4. 30 P. M. , Dharam Singh along with Surat Singh and Maan Singh was coming towards city Karnal from the Intensive Cattle development Project, Karnal on cycle.

(3.) RESPONDENTS contested the claim petition. It was denied that Sampuran Singh was rash or negligent. He was going towards city Karnal at a slow speed and on his left hand side. When the truck reached near the gate of the District Courts on the G. T. Road, a cyclist abruptly emerged from the Court gate and without caring for inflow of traffic etc. , took a turn and in the process, the pedal of his cycle struck the hind tyre of the truck. Resultantly, the cyclist became panicky and jumped from the cycle and fell down and struck against the pavement.