NIRMAL YADAV, J. - (1.) THESE two appeals filed by the Union of India against the award dated 12th January, 1994 passed by Motor Accident Claims Tribunal, Patiala, together with cross-objections in F.A.O. No. 2168/1994, are being disposed of by this common order as they have arisen out of the same accident.
(2.) THE facts, in brief, are that on 29th August, 1990 one Jagmohan Singh, Advocate along with Tara Singh was coming from Nabha to Patiala on scooter bearing registration No. PB-11-6923. He was pillion rider while Tara Singh was driving the scooter. Another person, namely, Jagjit Singh was following them on a scooter bearing registration No. PAS 9799. When the scooter driven by Tara Singh reached near the Rohti Bridge near a Saw Mill, Military Jonga bearing No. 89-B-48844-M was seen coming at a high speed from the opposite direction. It was trying to overtake a bus. The scooter driven by Tara Singh was at a slow speed and it was on the correct side of the road. Tara Singh slowed down the scooter and took it to extreme left side on the kacha road and Jagjit Singh stopped at some distance behind the scooter of Tara Singh. The Military Jonga, which was being driven at high speed, came to the wrong side and struck against the scooter of Tara Singh. As a result of the impact, Tara Singh fell down on the kacha portion while Jagmohan Singh was crushed and pressed against a Tahli tree by the Jonga. The driver of the Jonga disclosed his name as R.S. Yadav. With the help of some other persons, who were sitting in the Jonga, Jagmohan Singh was pulled out. Jagjit Singh and others removed Jagmohan Singh to Nabha, but he succumbed to injuries even before reachingthe hospital. Jagjit Singh also received injuries in the accident. The Claims Tribunal after taking into consideration the evidence led by the parties, came to the conclusion that the accident, resulting in death of Jagmohan Singh and injuries to Tara Singh, had taken place due to the rash and negligent driving of driver of the Jonga. The Tribunal awarded a sum of Rs. 60,000 in the case of Tara Singh, who had suffered shortening of leg by one inch and Rs. 4,32,000 to the legal heirs of deceased Jagmohan Singh, who was an Advocate practising at Nabha. In the present appeals, the Union of India has challenged the findings of the Tribunal with regard to quantum of compensation as well as negligence in causing the accident. It is stated that as per statement of R.S. Yadav, who was driving the Jonga, the accident took place due to rash and negligent driving of the scooter driver. It is stated that when the Jonga was overtaking the truck, the scooter had crossed Jonga's front side and front portion of Jonga hit the scooter at its back from right side. On the other hand, learned Counsel for the claimants have contended that it is proved from the evidence on record that driver of the Jonga was driving the offending vehicle in a rash and negligent manner. The driver of the Jonga has himself admitted that while he was overtaking the truck, the truck suddenly swerved to right side and, therefore, he also swerved the Jonga to right side and, in the process, his vehicle swerved more towards right side on account of the road being slippery due to drizzling. If it was drizzling and road was slippery, the driver of the Jonga should have been more cautious while overtaking the truck. In case the road was not clear, he should have waited till its clearance. Jagjit Singh Sandhu, Advocate, who appeared as PW 2, and Tara Singh, which was overtaking another vehicle was on high speed. It swerved to the right side and caused the accident,
(3.) HAVING regard to the evidence, as discussed above, I do not find any ground to interfere with the findings of the Tribunal on the issue of negligence.;