IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH FAO No.2884 of 2000 Date of decision:04.12.2008 Satbir Singh & another .... Appellants versus Smt. Harnandi & others .... Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI Present: Mr. Kulvir Narwal, Advocate for the appellants. Mr. R.C. Kapoor, Advocate assisted by Mr. A.L. Gambhir, Dy. Manager Mr. Raman Chabba, A.O. NIC Ltd. Haryana Region. **** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** AJAY TEWARI, J.(ORAL) The decision of this appeal will also decide FAO Nos.2885, 2886, 2887 of 2000 and FAO No.110 of 2001. The tractor of the appellants and the jeep of respondent No.5 were involved in the accident. The Tribunal on appreciation of fact held that the jeep was being driven at a very high speed and lost control and consequently struck against the trolley. As regards the appellants, the Tribunal found as a fact that the tractor was being used to pull two trolleys. On the basis of this fact, the learned Tribunal held that this act of appellant No.1 was of contributory negligence and therefore 50% liability was put on appellants No.1 & 2. Learned counsel for the appellants has urged that in view of the FAO No.2884 of 2000 -2- fact that the jeep was driven very fast, the contributory negligence of the jeep should be counted more and that of the tractor driver as less. It has also come into evidence that the road at the place of accident is wide enough for four vehicles to cross. In my opinion, this is no ground for holding 100% contribution of the jeep driver. It is because of his fast driving that 50% of the negligence was held to be contributed by him. Otherwise as has been held by the learned Tribunal the pulling of two trollies by one tractor is itself an act of negligence. Consequently, this appeal is dismissed. No costs. December 04, 2008 (AJAY TEWARI) sonia JUDGE