HIRO DEVI Vs. PREM SINGH

JUDGEMENT

(1.) These are two cross-appeals. F.A O. No. 50/74 is filed by Hiro Devi, widow of the deceased Mangat Ram, for herself and as next friend of three minor children. The appeal is for the enhancement of the compensation awarded by the Motor Accident Claims Tribunal on 18-9-73. She had claimed a sum of Rs 30,000.00 , but the Tribunal awarded only Rs. 5,100.00 towards compensation. Appeal FAO 208/73 is filed by Gangadass. who was the owner of the vehicle at the time of the accident.

(2.) The accident took place on G.T. Road, in front of the Factory of RajVaid Sheetal Prasad, Shahdara on 14-12-65. Deceased Mangat Ram was taking tea at a stall on the road-side. Truck No. DLG 5999 was coming from Delhi-Shahdara side and was going towards Ghaziabad. It iud- denly turned to its right and after going on the kutcha road smashed the tea stall and ran over the deceased. The fact of the accident and the circumstances in which it took place are not contested by Gangadass in his appeal. It is, therefore, not necessary to go into the evidence in regard to the said: facts. It is admitted that Truck No. DLG 5999 caused the accident resulting in the death of Mangat Ram.

(3.) Truck No. DLG 5999 was originally owned by one Prem Chand. The accident took place on 14-12-65 in which Mangat Ram died. Ganga Dass has stated in his evidence that he bad purchased the said vehicle from Shri Prem Chand before the accident. Prem Chand died 2/4 days after selling the vehicle to him. The registration of the vehicle was done by him in his own name after the accident. Ganga Dass claims that Piem Chand was the registered owner of the vehicle at the time of the accident and not he. A submission on his behalf is that the liability is of the registered owner and since the vehicle was insured, the liability was of the Insurance Company.