BISHAN DEVI Vs. SIRBAKSH SINGH

JUDGEMENT

(1.) This appeal is by special leave granted by this Court to Bishan Devi widow of late Bhagwan Das and her four children against the judgment and order dated 7th Dec. 1967 of the High Court of Punjab and Haryana dismissing the Claimants' F. A. O. No. 10 of 1962 against the award of Punjab Motor Accidents Claims Tribunal, Chandigarh, dismissing their claim.

(2.) The appellants filed a petition on 4th September, 1961 before the Chairman, Motor Accidents Claims Tribunal Punjab, Chandigarh, alleging that the husband of the first appellant died by having been run over by a lorry at mid-night between the 8th and 9th July, 1961, at about a distance of 60 feet from the road. It was alleged that the truck was coming from Jullundur and it took a sudden turn and ran over the first appellant's husband, Shri Bhagwan Das, and that it was being driven in a rash and negligent manner. The appellants 2 to 5 were the minor children of the first appellant, all of them being below 11 years of age on the date of the filling of the petition. It was alleged that the monthly income of the deceased was Rs. 109/- per month and a claim was made for Rs. 50,000 as compensation.

(3.) The respondents to the petition were (1) Sirbaksh Singh and (2) The Motor Owners' Mutual Insurance Co. Ltd., Belgaum the insurer. The written plea was filed by the second respondent, the insurer, on 10th Oct. 1961. Some of the pleas are noteworthy and it is necessary to set them out in some detail. In para 4 the insurer pleaded that the "truck was stolen by somebody while it was standing. A report to the police was made to this effect. Whoever made this accident, if any, drove the truck without the consent of the owner, and, therefore, the respondents are not liable."