NEW INDIA ASSURANCE CO LTD Vs. CHARANJIT KAUR

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accident Claims Tribunal Ludhiana, dt. Oct. 5, 1983 at the instance of the New India Assurance Company.

(2.) Briefly, the facts are that Bhupinder Singh deceased, was employed as a Manager with the Khanna Co-operative Marketing Society. He was 32 years of age on the date of accident On the fateful day i.e. Sept. 23, 1981 at 7.30 P.M. he was going on scooter bearing registration No. DNI-1147 from Khanna City to the new Grain Market, Khanna. When he reached near the turning point heading to the New Grain Market, he gave a signal to turn the scooter. Bus No. PJL- 1137 came from Ludhiana side. Satpal Singh respondent 6, was driving this bus rashly and negligently at a very fast speed. He did not blow any horn. He struck the bus against the scooter. As a result of the impact the scooter was hit on the front portion causing instantaneous death of Bhupinder Singh.

(3.) The respondents namely, the owner of the vehicle, Sheikhupura Transport Co. (P) Ltd. and the driver of the vehicle who was in the employment of the said company, denied the allegations of the claimants and pleaded that the deceased was responsible for the accident. They, inter alia, pleaded that the deceased took a sudden turn when the bus was closeby. The driver of the bus could not avert the accident. The allegation that the bus was being driven rashly and negligently was denied.