KULWANT KAUR Vs. BALBIR SINGH

JUDGEMENT

(1.) THE claim in appeal here is for enhanced compensation. The Claimants being the widow and daughter of Gurdip Singh deceased who was killed while driving his car. PNK-6328 when it was involved in an accident with a four - wheeler tempo HRF-6545 coming from the opposite direction. This happened on the road between villages Ratia and Pabra at about 9.30 A.M. on April 29,1979. It was the finding of the Tribunal that this was a case of contributory negligence with 70 percent of the blame being that of the driver of the tempo and 30 per cent of the deceased Gurdip Singh. After making an allowance for the contributory negligence to the deceased, a sum of Rs. 29,400/- was awarded as compensation to the claimants, as also a further sum of Rs. 2330/- for damage to the car, the total amount, thus, awarded to the claimants being Rs. 31,730/-.

(2.) COUNSEL for the claimants, in the first instance, assailed the finding of contributory negligence recorded against Gurdip Singh deceased. According to the case as set up in the claim application, the car was travelling on its correct side of the road when the four-wheeler tempo coming the opposite direction came on to its wrong side and hit into the car of the deceased and, thus, caused the accident. No return was filed by the driver of the tempo. The ownerand insurance company, however, took the plea that the accident had been caused due to the rash and negligent driving of the deceased himself who was under the influence of liquor.

(3.) ON a reading of the testimony of three eye witnesses PW 2 Sultan Singh, PW 6 Tek Ram and PW 7 Umed Singh, counsel for the respondents could not point out any contradictions or discrepancies to create any doubt in their veracity. The Tribunal had no doubt recorded the finding that all these witnesses were under the influence of liquor at the time of the accident, but counsel for the respondents failed to show the basis on which the Tribunal could have possibly come to this conclusion.