TILAK SINGH Vs. SHASHI BIJULWAN

JUDGEMENT

(1.) THE above noted appeal and the cross-objections arising out of the award dated 8.12.1992 of the learned Motor Accidents Claims Tribunal, Chamba, (for short 'the Tribunal') passed in ACT Case No. 28 of 1989, are being disposed of by this single judgment.

(2.) ONE Rajinder Singh, a science teacher of about 35 years of age, died in an accident on 31.10.1989 which took place at about 7.30 p.m. near Tarvai curve within the local limits of jurisdiction of Police Station Tissa of District Chamba. The deceased at the relevant time was travelling as a pillion rider on scooter No. HIC 865 of which Tilak Singh, appellant before this Court, was the owner-cum-driver.

(3.) THE appellant, though admitted the accident and the death of the deceased therein, denied the rash and negligent driving on his part. It was averred that the accident had taken place as the road was kacha and the scooter had slipped.