SITAL DAI Vs. RAM SINGH PEAREY LAL

JUDGEMENT

(1.) This appeal is directed against the order of the Motor Accident Claims Tribunal dismissing the claim of the appellants preferred under section 110-A of the Motor Vehicles Act.

(2.) One Bachan Ram, husband of appellant No. 1 son of appellant No. 2 and father of appellants 3 and 4 was stated to have died as a result of truck bearing registration No. DLG 3367 belonging to respondent No.l, driven rashly and negligently by respondent No. 2 and insured with respondent No. 3 having struck down the said Bachan Ram on September 30, 1963, on the Grand Trunk Road (Delhi-Karnal Road) at about 5.00 P.M. near about Azadpur Village. The deceased was stated to be 35 years old. He was a grass cutter who is stated to have had an income of Rs. 120.00per month. The insurance company had denied the factum of insurance. Respondent No. 1 had admitted to be the owner of the said truck but had denied the accident. Respondent No.2 had admitted that he was a driver employed by respondent No. 1 but had denied the accident. On the pleadings of the parties the Tribunal had framed the following issues:-

(3.) The Tribunal came to the conclusion that the truck was insured with respondent No. 3 and a valid policy of insurance subsisted at the time of the accident. It also held the damages proved came to Rs. 11,700.00 as against claim of Rs. 30,000.00 On issue No. 1 the Tribunal came to the conclusion that it was not proved that the accident was caused by the aforesaid truck but even if it be assumed that the said truck was involved in the accident it was not proved that the death of Bachan Ram was caused due to rash and negligent driving of respondent No. 2. It was further observed that the deceased was partly responsible for the accident.