(1.) CHALLENGED in appeal here is the denial of compensation to the claimant Capt. Gurmit Singh for the injuries sustained by him when the car CH 4059 came from behind and hit into his scooter. This happened on August 20, 1979, at about 8.30 A.M. on the road between Sectors 34 and 35, Chandigarh, No compensation was awarded as it was held that the accident had occurred due to the negligence of the claimant himself. It is this finding that is now assailed in appeal.
(2.) THE material on record would show that the accident took place near a kutcha path from the road between Sector 34 and 35 to the house of the claimant Capt. Gurmit Singh in Sector 34. The claimant was coming on his scooter from the side of Mohali and it would appear that he had to turn to his right to get on to the kutcha path to proceed to his house. According to the respondents, the accident occurred when the claimant took a turn to get on to the kutcha path in Sector 34, but on turning he noticed a bus coming from the opposite direction and then all of a sudden stopped his scooter. The car that was coming from behind swerved towards its left and happened to touch the hind portion of the scooter as a result of which the claimant fell down and sustained minor injuries. The car driver then took the claimant to the hospital in his car and left him there. There was, thus, no negligence on the part of the car driver.
(3.) THE case of the claimant rests upon the testimony of PW 3 H.C. Kundra, who deposed that the car came from behind at a very fast speed and hit into the scooter of the claimant. Further, it was his statement that the claimant had gone past the kutcha path when the car came and hit into his scooter. It is interesting to note that the suggestion made to this witness was that the accident had occurred when the claimant came from the kutcha path on to the main road. It would be recalled that the version as given in the written statement was to the contrary, namely, that it had occurred when the claimant turned to go on to the kutcha path.