IQBAL KAUR Vs. CHIEF OF ARMY STAFF

JUDGEMENT

(1.) (for self and for R. B. Misra, J.) :-This appeal is directed against an order dated _30th of July, 1973 passed by Motor Accident Claims Tribunal, Meerut.

(2.) THE fact leading to this appeal can briefly be stated as under : On 11th of November, 1970, at about 8 a. m. Sri Jaswant Singh Dhillan, age 50 years, a Transport Agent, died in an accident with mlilitary truck on the junction of Delhi-Baghpat Road and Meerut. Smt. Iqbal Kaur and Km. Gorinderjit Kaur, the widow and minor daughter respectively of Jaswant Singh Dhillan deceased, filed a claim before the Claims Tribunal for Rs. 50,000/- as compensation for the loss suffered by them. THE allegation made by them in the claim petition beiefly stated was that the accident took place as a result of the rash and negligent driving by Sepoy Ram Niwas, respondent No. 4, who was driving the vehicle at the time of the accident. Besides sepoy Ram Niwas the Chief of Army Staff, the Commandant A. S. C. Centre (North), and Sub-Area Commander, Meerut were impleaded as O. Ps. It appears at a later stage Union of India was also impleaded.

(3.) IN answer to issue No. 1, the Claims Tribunal held that the Military Truck was not being driven rashly and negligently and the truck driver was not responsible for the fatal accident. IN answer to issue No. 2 the Claims Tribunal held that respondent Nos 1 to 3 were not liable for the consequences of the fatal accident as the truck did not belong to any one of them, but belonged to the Union of INdia. IN answer to issue No. 3, the Claims Tribunal held that, since respondent No. 4 was performing the statutory duty in driving the truck at the time of the accident, the Union of INdia was not liable to give any compensation. IN answer to issue No. 4 the Claims Tribunal held that, if the finding on issue Nos. 1 and 3 were not in favour of the claimants, they would have been entitled to get a sum of Rs. 20,000/- as compensation.