ORIENTAL INSURANCE CO LTD Vs. IVAN LODRIX

JUDGEMENT

(1.) THIS appeal (Appeal No. 99 of 1986, connected with Appeal No. 101 of 1986) arise from the award given on 24 -1 -1986 by the Motor Accidents Claims Tribunal, Jaipur, in Motor Accident Case Nos. 374 and 375 of 1983.

(2.) ON 7 -11 -1983 one Christopher Lodricks was going on his scooter from Ajmeri Gate to Sawai Man Singh Hospital. Smt. Yvonne (Evan) Lodricks was the pillion rider on the aforesaid scooter. The claimants alleged that when they reached at the Tiraha of Ashok Marg, near Maharani College, Jaipur, a car bearing number RST 549 came from the opposite direction and collided with the scooter; as a result of the accident B. Cristopher died at the spot; whereas the pillion rider sustained injuries.

(3.) THE claim was contested by Om Prakash, the driver of the car, as well as the owner of the car Subhash Dasot and the allegation of reckless driving on the part of the driver was denied as incorrect. They claimed that the deceased had contributed to the negligence and as such he was guilty of the same.