HARJINDER KAUR Vs. SHAHNI DEVI

JUDGEMENT

(1.) THE challenge in appeal here is to the award of Rs. 20,000/- as compensation to Shahni Devi, who sustained injuries when while walking on the roadside, she was knocked down by the scooter HPS 3916. This happened at about 8. 30 a. m. on March 29, 1981 near the milk booth in Sector 15, Chandigarh.

(2.) ACCORDING to the Tribunal, this was a case of contributory negligence with the injured claimant being as much to blame for it as respondent Bhola, the driver of the scooter. After making an allowance, for her share of the negligence, a sum of Rs. 20,000/-was awarded to her as compensation.

(3.) CONSIDERING the manner in which the accident occurred, no occasion was provided thereby to hold the claimant to bear any part of the blame for it. According to the claimant, who is a 60 years old lady, she was walking along the road when the scooter came from the opposite direction and hit into her. The version of the driver of the scooter, Bhola, on the other hand, was that the accident occurred when, coming from the side of the market in Sector 15, he took a turn towards his house and the claimant suddenly appeared before him walking on the left side of the road. Even if it be taken this was how the accident took place, there is no suggestion that the injured claimant was walking anywhere other than on the side of the road, nor that she had suddenly placed herself in such a position that the scooter driver could not avoid hitting ino her.