MILAN CHAUDHURI Vs. SURINDER SINGH

JUDGEMENT

(1.) The present appeal is directed against the Award dated January 28, 1982 of Shri R.K.Sain, Judge, Motor Accident Claims Tribunal, Delhi. The appellants who are the parents of the deceased Master Pradipto Chaudhuri filed petition under Section 110-A of the Motor Vehicles Act, against the respondents for compensation of Rs. 2 lakhs alleging that on March 13, 1975, at about 18.15 hours, when the deceased, aged about 13 1/2 years was going along Pandara Road on his cycle,Bus No. DLP-5862 suddenly turned to left without giving any indication and with such speed that it went partially on the pavement and hit the deceased. The driver drove away the vehicle without stopping after the accident. It was, therefore, alleged that the accident took place due to rash and negligent driving on the part of the driver. The deceased was in prime of youth and could have lived a long life but for this unfortunate accident. He was the only son of the appellants and would have looked after and maintained them in their old age. Respondent No.1 was the driver while respondents 2 to 4 were the owners of the bus which was insured with respondent no.5.

(2.) Respondents 4 and 5 only contested the petition. Respondent no.4 alleged that it was the Finance company which had given the vehicle on Hire Purchase Agreement to respondent no.3 as hirer and one Gurcharan Singh as Guarantor. They were the persons in possesssion of the vehicle under Hire Purchase Agreement. Respondent No.4, therefore, was not liable. It was further pleaded that respondent no.1 Surinder Singh, the alleged driver of the bus was never in service or employment of respondent No.4 nor respondent No.1 was driving the vehicle in the course of employment of respondent No.4. The insurer of the vehicle, respondent no.5 was alleged to have taken up the defence of owner and the driver but no written statement was filed either on behalf of the Insurance Company or on behalf of owner or driver.

(3.) The following issues were framed: