SUNEHRI DEVI Vs. BAL KISHAN

JUDGEMENT

(1.) THE legal heirs of deceased Chattar Singh have come up in appeal before this Court, against the award of the Motor Accident Claims Tribunal, Hissar, dated December, 8, 1983. The learned Tribunal dismissed the claim application holding that the accident had not taken place as a result of any negligence on the part of the driver of the four wheeler, which collided with the scooter driven by the deceased. The quantum of compensation was not assessed in view of the finding that the accident had not taken place due to the rash and negligent driving of the four wheeler by respondent No. 1.

(2.) THE matrix of the case is as under:-Chattar Singh deceased was 52 years of age on the date of accident. He had gone on a scooter bearing registration No. USE-6380 to Jawahar Mill on Dabra road and was returning therefrom on the same scooter when four wheeler bearing registration No. HYR-1197 driven by Bal Kishan respondent No. 1 came from Hissar side. Respondent No. 1 was driving the said vehicle in a rash and negligent manner and caused a head on collision after the four wheeler had come on the wrong side. The deceased was coming on the correct side of the road. As a result of the accident, the deceased suffered multiple injuries. He was removed to civil hospital, Hissar, where he succumbed to the injuries in the night. He was in good health and was likely to live another 40 years. His whole family was dependent upon him.

(3.) THE respondents denied the allegations and took up the plea that the four wheeler was on its way on Hissar-Dabra road when the sterring system of the vehicle all of a sudden developed a mechanical defect and it became free and out of control of its driver. This defect in the four wheeler could not be detected earlier. The deceased was very old and weak in health and he lost his nerves and collided with the four wheeler from behind. The entire defence of the respondents is set up in paragraph 14 of the written statement which reads as under: