NIRMAL DUA Vs. BALDEV SINGH

JUDGEMENT

(1.) OM Parkash Dua, an audit officer in the Directorate of Audit Defence Services, New Delhi while on deputation with the Directorate of Audit, Food, Chandigarh was knocked down by a truck No. CHW-3894 while he was standing in front of his house on April 7, 1983 at 7.45 P.M. The gate and the boundary wall of the house was also damaged. Om Parkash Dua had died on account of injuries received in this accident, therefore, his widow amd the children-claimants filed a claim petition under 110(1) of the Motor Vehicles Act for the grant of compensation. He was earning Rs. 2700/- per month. He was 50 years old at the time of his death. A sum of Rs. three lakhs was claimed by way of compensation on account of his death and a sum of Rs. 5000/- was claimed on account of damage to the gate and boundary wall.

(2.) BALDEV Singh, driver, has denied the accident in toto. In fact, he was not driver of the truck. He has been falsely implicated as some other speeding truck had caused the accident and also hit truck No. CHW-3894.

(3.) THE State Bank of India-respondent No. 4 also denied its liability to pay the amount on the premise that the loan of Rs. 2,20,000/- was recoverable by the Bank from the truck owner. It is further averred that the petition is bad for misjoinder of the parties.