ORIENTAL INSURANCE CO LTD Vs. NARINDER KAUR

JUDGEMENT

(1.) This judgment will dispose of F.A.O. Nos. 255 to 260 and 478 to 482 of 1997. For the purpose of this judgment, the facts are being taken from F.A.O. No. 478 of 1997.

(2.) On 11.2.1991 at about 4 p.m. within the revenue limits of the village Godana, Police Station Dhilwan, District Kapurthala a head-on collision took place between Maruti car bearing registration No. CH 01-1477 which was owned by Neera Gulati at the time of accident and was being driven by P.S. Multani and a truck bearing registration No. PUU 9201 which is owned by Kashmiri Lal. The accident had resulted into the death of Atinderjit Singh and injuries to Kamaljit Kaur, Baby Gurnoor, Balwant Kaur, Narinder Kaur and Baby Krishma. Claim petitions have been filed by the injured and all the heirs of Atinderjit Singh under the Motor Vehicles Act asserting that the accident had taken place on account of rash and negligent driving of the drivers of both the vehicles. These petitions were contested by the respondents who admitted the factum of accident but denied that the same had taken place owing to the negligence of the driver of the car. Oriental Insurance Co. Ltd. had in a separate written statement denied the factum of accident for want of knowledge and raised preliminary objections regarding the application being bad for non-joinder of the drivers of the vehicles involved and that the driver of the car was not holding any valid driving licence. Kashmiri Lal, the owner of the truck had asserted that the accident had taken place as a result of the rash and negligent driving of the car by Atinderjit Singh, deceased, himself. He had also taken the plea that the claim applications were bad for non-joinder of necessary parties. From the pleadings of the parties, the following issues were framed:

(3.) However, so far as M.A.C.T. Case No. 36 of 1991 is concerned, issue No. 6 is as under: