KAKO DEVI Vs. GIAN PARKASH GUPTA

JUDGEMENT

(1.) THE challenge in appeal here is to the award of Rs. 43,200/- as compensation to the widow and children of Jai Pal Singh deceased who was run and killed in an accident with the truck HRK-2261. This happened on June 10,1982 at about 5. 30 P. M. near the Canal Rest House on Meerut road Karnal. Jai Pal Singh deceased was on a bicycle when the truck came from behind and ran him over.

(2.) THE Tribunal held this to be a case of contributory negligence. The blame of the deceased being assessed at 25% while, that of the truck to be 75%.

(3.) ACCORDING to the claimants, the deceased after attending to his duties at the Co-operative Sugar Mills Ltd. , Karnal, where he was employed, was proceeding towards the city when the truck HRK-2261 came from behind at a very fast speed and hit into bicycle as a result of which he fell down and was crushed under the wheels of the truck. The deceased died at the spot.