FAO No. 1670 of 1999 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Cross Objection No.57-CII of 2001 FAO No. 1670 of 1999 Date of decision May 31, 2011 Shingara Singh (Died) through L.Rs ....Appellant Versus Darshan Singh and another .....Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present: None for the appellant. Mr. Anant Kataria, Advocate for respondent No.1-Cross-objector. K. Kannan, J (oral) 1. There is no representation on behalf of the appellant. Counsel for the respondent who has appeared for the driver for the cross objector is ready. The appeal is dismissed for default of appearance. The cross objection is examined on merits. 2. The cross objection is against the finding of the Tribunal that held that the driver of the tractor trolley to be responsible for the accident at 50% and the claimant who was driving scooter as responsible for 50%. While assessing the extent of dependency and compensation the Tribunal held that the claimant himself was guilty of contributory negligence. His version in the evidence was that the tractor trolley was coming in the opposite direction and dashed against the scooter. The cross objector gave evidence to the effect that he had parked the tractor trolley in the kacha FAO No. 1670 of 1999 2 portion of the road in such a way that one side of the vehicle was on the extremity of the road and the other side was on the kacha portion. He had admitted that it was dark and he had not switched on the parking lights. RW-2 and RW-3 also gave evidence to the effect that the scooter had dashed against the rear side of the tractor trolley. Even while rejecting the petitioner's claim that both the vehicles were coming from the opposite directions, the Tribunal reasoned that the driver of the tractor was also equally to blame in parking the tractor trolley half way on the road and without the parking lights. The Tribunal had considered the case properly. I do not find any reason to differ with the same. 3. The award is confirmed and the cross objection is dismissed. (K. KANNAN) JUDGE May 31, 2011 archana