USHA DUBEY Vs. KRISHAN JEEWAN JAIN

JUDGEMENT

(1.) On 4.3.1983, Sanjay Dubey, a young man of 23 years was going from Sector 23 towards Sector 24 in Chandigarh. He was hit by Jeep No. Temp. MRB 232. He was got admitted in the PGI. Unfortunately, the injuries proved fatal. He succumbed to the injuries and passed away on the night intervening 8/ 9.3.1983. The parents and three minor children filed a claim petition under section 110-A of the Motor Vehicles Act. Krishan Jeewan Jain who was then working as an Executive Engineer was alleged to be driving the jeep. The Director, Sutlej-Yamuna Link Canal and the State of Punjab were impleaded as respondents.

(2.) The claim was controverted, inter alia, on the ground that Krishan Jeewan Jain was not driving the vehicle. In fact, the jeep was being driven by Ram Partap, driver. Since the driver had not been impleaded as a party, the claim could not be sustained. It was further pleaded that Ram Partap had not caused any accident by his rash or negligent driving.

(3.) On behalf of respondent Nos. 2 and 3, a separate written statement was filed. It was, inter alia, averred.that the jeep had dropped K.B. Bandu, Sr. Design Engineer at about 5.30 p.m. in Sector 23. It had struck against the hedge of a Government quarter at a distance of about 100 metres. Mr. Bandu had made entries in the logbook and advised the driver to take the jeep back to the office. Krishan Jeewan Jain was at that time sitting on the front seat. The other allegations were denied for want of knowledge.