CHANDA DEVI JAIN Vs. MOHINDER SINGH YADAV

JUDGEMENT

(1.) WITH this order, I proceed to dispose of FAO No. 585 of 1982, FAO No. 646 of 1982 and Cross-objection No. 19-CII of 1983 and FAO 585 of 1982.

(2.) CHANDA Devi Jain widow, her minor children and Smt. Mangi Devi Jain mother of Sh. Padam Chand Jain deceased had filed a petition under section 110-A of the Motor Vehicles Act for grant of compensation of three lacs.

(3.) THE accident took place between the car, in which Padam Chand Jain was travelling and the truck driven by Ram Chander. Both the vehicles were insured but the factum of accident is totally denied by Ram Chander driver. According to him the he was not driving the truck at the time of accident. The case set up the claimant is that the accident took place due to rash and negligent driving on the part of Ram Chander, Driver of the truck. The above controversy gave rise to the following issues framed by the learned Tribunal :