RAM KISHORE SHARMA Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 arises out of the award dated 2.4.1994 by which the learned Tribunal has dismissed the claim petition of claimant appellant Ram Kishore claiming compensation to the tune of Rs. 2,51,500 on account of accident that took place on 23.10.1986 at the crossing of the road. It was alleged in the claim petition that while he, riding on his scooter, was crossing the road from south to north at Subhash Marg crossing, a car bearing No. RNH alleged to be driven with excessive speed, coming from Bhagat Singh Marg dashed his scooter from front side while moving from west to east.

(2.) THE learned Tribunal considering the evidence and material on record concluded that accident took place on account of negligence of claimant himself and, therefore, he is not entitled to claim any compensation and accordingly dismissed the claim petition.

(3.) RULE 9 of the aforesaid rules provides that driver of a motor vehicle shall on entering road intersection at which traffic is not being regulated, if the road entered is a main road designated as such, give way to the vehicles proceeding along that road, and in any other case give way to all traffic approaching the intersection on his right hand. Undisputedly, the accident took place at the crossing and, therefore, both the drivers had a duty to be careful while driving on a highway and more particularly while crossing the road at a crossing where vehicles proceeding from the other direction would not be discernible at a safe distance. In my view both the drivers transgressed the limits of necessary caution and that occasioned the accident. In this view of the matter the finding of the Tribunal to the extent that accident occurred on account of negligence of driver of the scooter deserves to be reversed and it must be held that accident occurred due to the rashness and negligence of the drivers of both the vehicles.