BALAK SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this judgment three appeals being F.A.O. Nos. 183, 184 and 185 of 1994 are being disposed of as they arise out of the same accident.

(2.) Facts necessary for decision of these appeals are that one Naresh Kumar was riding his motor cycle No. HP 21-1087. His wife Nishi Kanta was the pillion rider and she was carrying their minor son Nishant, aged 7 months, in her lap. According to the petitioners on 21.6.1992 when the deceased was about 100 metres before Kangra tunnel as one travels from Kangra to Jawalamukhi, an army vehicle No. 88 P-9249 M with a trolley attached to it was going ahead of the motor cycle. Deceased Naresh Kumar who was driving the motor cycle blew horn to overtake the army vehicle. Driver of the army vehicle allegedly gave a signal with his hand allowing the motorcyclist to overtake the army vehicle. On seeking this the motorcyclist started overtaking the army vehicle. When he had only crossed half of the army vehicle the respondent No. 2 allegedly swerved the army vehicle to the right and struck against the motor cycle. As a result of this collision Naresh Kumar and his wife Nishi Kanta were crushed under the rear tyre of the army vehicle. The minor baby Nishant fell at a distance of the road. All the three died as a result of the injuries sustained by them. It is further alleged that the accident occurred due to rash and negligent driving of respondent No. 2.

(3.) Three claim petitions were filed by the present appellants Balak Singh and Krishna Devi. They are parents of deceased Naresh Kumar; parents-in-law of deceased Nishi Kanta and grandparents of deceased Nishant. These claim petitions were con tested by the respondents who in their written statement took up the plea that there was no contact between the two vehicles. The defence taken was that after crossing the Kangra tunnel at about 12.30 p.m. the respondent No. 2 and the co-driver heard some sound from behind. Respondent No. 2 stopped the vehicle, got down and saw that a motor cycle with three persons, a man, a lady and a child were lying on the road about 200 yards behind the vehicle. it is also pleaded that the respondent No. 2 and co-driver No. 1536325 OF signman Babu Singh gave first aid to the injured and after seeing the critical condition of the injured the respondent No. 2 and his co-driver shifted them to Civil Hospital, Kangra for medical treatment. According to the reply no accident had taken place with the vehicle.