SURESH CHANDER AGGARWAL Vs. KARAM SINGH

JUDGEMENT

(1.) ON July 27, 1980 Car No. PUC-2169 and Truck No. PBW 335 were involved in an accident. Devinder Singh, one of the passengers in the car died. Madan Gopal Aggarwal and Suresh Chander Aggarwal had sustained injuries. On February 28, 1981 the two injured persons filed separate claim petitions under Section 110-A of the Motor Vehicles Act, 1939. The Motor Accident Claims Tribunal framed the following three issues:-

(2.) AGGRIEVED by the award, the two claimants have filed these two appeals.

(3.) MR . Lalit Mohan Suri, learned counsel for the appellants in these two appeals, has made a two-fold submission. Firstly, it has been contended that the truck was parked in the middle of the road. The tail light had not been put on. No warning had been given. There was no signal to warn the traffic. As a result, the truck driver was clearly guilty of negligence. In any event, the counsel submits, the truck driver cannot be absolved of contributory negligence. Secondly, it has been submitted that the Tribunal had not framed a specific issue regarding limitation. That being so, the claimants had no opportunity to lead evidence and to prove that the delay, if any, deserved to be condoned.