UNITED INDIA INSURANCE CO LTD Vs. GANGA RAM

JUDGEMENT

(1.) This judgment 1991 and Cross-objections No. 185 of will dispose of F.A.O. (MVA) No. 21 of 1991 as both of them are directed against the award dated 1.12.1990 of the Motor Accidents Claims Tribunal (II), Mandi, H.P. (hereinafter to be referred as 'the Tribunal'). The appeal is at the instance of United India Insurance Co. Ltd. which was arrayed as respondent No. 3 before the Tribunal while the cross-objections have been filed on behalf of the claimants.

(2.) The facts out of which these proceedings arise are that Sant Ram deceased was driving a scooter on 2.12.1988 bearing registration No. HPM 853 at a place called Khalyar. One Dile Ram was sitting behind as pillion rider. While Sant Ram was thus driving the said scooter, it was struck from behind by another scooter alleged to have been driven in a rash and negligent manner by one Mittar Dev (respondent No.1 before the Tribunal) which was bearing registration No. HID 1652. As a result of this accident, the said Sant Ram fell down and sustained injuries. He was immediately taken to the District Hospital, Mandi, where he was declared dead. Post-mortem of dead body was carried out on the same day, i.e., 2.12.1988. It was in these circumstances that the widow and three sons of the deceased Sant Ram filed the claim petition.

(3.) Respondent Nos. 1 and 2 being the driver and owner of the scooter in question filed a joint written statement and pleaded that the accident was due to the fault of Sant Ram deceased. As per their version, he was going on the scooter in question to Khalyar and was being followed by Mittar Dev respondent No. 1 before the Tribunal. Near the workshop at Khalyar, Sant Ram at once turned his scooter towards the right side of the road without giving any prior signal, as such, both the scooters collided although the scooter being driven by the respondent No. 1 Mittar Dev was at a low speed and was being driven in a cautious manner. Due to the sudden turn towards the right side of the road of the scooter being driven by Sant Ram, Mittar Dev, the respondent No.1 before the Tribunal could not apply the brakes in time. On this version of the accident, respondent No.1 before the Tribunal has sought to absolve himself from any liability. It was also pleaded in the written statement that at the relevant time, Sant Ram deceased was not wearing the helmet.