The driver of a vehicle has a duty to drive carefully and cautiously to avoid accidents, and failure to do so may result in liability for damages.

1. The accident here took place on the Rohtak Hissar National Highway near the link road to village Bahu-Jamalpur. Tara Chand, deceased, coming on his scooter DLH-9814 from the side of Rohtak had turned to go on to the link road, when the car DLE-4174 came from the opposite direction, that is, from the side of Hissar and hit into the scooter. This happened at about 8 p.m. on Dec. 5, 1979. Tara Chand sustained multiple injuries, as a result of which he died at the Medical College, Rohtak about a fortnight later on Dec. 23, 1979.

2. It was the finding of the Tribunal that this was a case of contributory negligence with both the car driver and the deceased being equally to blame. A sum of Rs. 30,000.00 was awarded as compensation to the widow Bhagwani Devi, daughter Kamla Devi and son Rajbir Singh. The claims of the three other sons namely, Ved Bir Singh, Ranbir Singh and I.S. Balhara were, however, dismissed.

3. According to the claimants, the accident had been caused entirely due to the rash and negligent driving of Krishan Kumar, the car driver. It was said that the car was being driven carelessly and at an excessive speed and that without any horn being blown it went on the Kacha path towards village Bahu-Jamalpur and hit into the scooter of the deceased. In other words, the scooter had almost entered the link road when the car struck it.

4. To establish this version, there is the testimony of A.W. 8 Shamsher Singh, who deposed that he was watering his fields about 100 yards away when the accident occurred. He testified to the fast speed of the car and that the deceased was on the kacha portion of the road after having turned towards the link road when the car hit into the scooter. He further deposed that after causing the accident, the car driver fled away.

5. The evidence of A.W. 8 Shamsher Singh called for careful scrutiny as he was a collateral of the deceased and has not been examined by the police during the investigation of the case. In the present case, however, no occasion is provided for doubting his testimony as his presence there has been satisfactorily explained and in his cross-examination there were no contradictions or discrepancies to raise any doubt regarding his credibility.

6. The other person, who had witnessed the occurrence was Zile Singh, on whose statement the First Information Report Exhibit A/4 had been recorded. This Zile Singh had a tea shop nearby. He unfortunately could not be examined as a witness as he died during the pendency of the proceedings before the Tribunal. The First Information Report, however, sets forth a version similar to the one deposed to by A.W. 8 Shamsher Singh.

7. The respondents, no doubt, took the plea that the accident had occurred due to the negligence of the deceased himself as he had suddenly turned towards the right without giving any signal and it was also said that it was the scooter that had struck against the car proceeding on its correct side, but no evidence was led by any of the respondents in support of their case. Even the car driver did not come to the witness box to explain how the accident occurred. In Maya Mukherjee V/s. Orisssa Coop. Insurance Society Ltd. (now new India Assurance Company Ltd.) 1978 ACJ 292 : (AIR 1976 Orissa 224), where a similar situation arose the Court rightly observed,

"To determine the question as to who contributed to the happening of the accident, it became relevant to ascertain who was driving his vehicle negligently and rashly and in case both were, who was more responsible for the position and who of the two had the last opportunity to avoid the incident. For a determination of these questions, as to when the respective drivers saw each other for the first time as they were heading to the intersection; the speed of the respective vehicles, the blowing of the horn; steps taken to control the respective vehicles; care and caution exercised for avoiding the collision et cetera are material features".

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