UNION OF INDIA Vs. SUDHIR KHANNA

JUDGEMENT

(1.) THESE appeals FAO. No. 6 of 1982 (Union of India v. Sudhir Khanna) and FAO. No. 7 of 1982 (Union of India v. Dharam Pal Kapoor) arise out of the same accident and common award of the Motor Accidents Claims Tribunal, Solan. As facts are common, they are being decided by a common judgment.

(2.) THESE appeals have been filed by the Union of India against the award dated 28.9.1981 whereby tortious liability of respondent No. 1 has been established and claims by way of damages have been awarded to the claimants in these cases. Respondent No. 1 has thus assailed the award by these separate appeals.

(3.) TWO claim petitions, one by Sudhir Khanna, claiming Rs. 50,000/- as damages, and the other by the parents of deceased Anil Kumar Kapoor, claiming Rs. 7 lakhs, were filed. According to the claimants, the accident was the result of rash and negligent driving of the truck by the driver. They say that the motor cycle was being driven at a low speed and horn at curves was being blown regularly. The offending vehicle appeared suddenly from the opposite direction at a fast speed, driven on the wrong side of the road, struck with the motor cycle, although the same was taken to the extreme left kacha portion of the road. The time of the accident has been stated to be at about 12.30 (noon).