DAVINDER SINGH Vs. AJAIB SINGH

JUDGEMENT

(1.) BY this judgment I dispose of 3 FAOs Nos. 1383, 1382 and 1381 of 1998 titled as Davinder Singh v. Ajaib Singh and others, Davinder Singh v. Bhim Singh and others and Davinder Singh v. Gurbachan Kaur and others respectively. In my opinion, all the 3 FAOs can be disposed of by one judgment, as these have arisen from the same accident which took place on 10.10.1991 in which Rajinder Singh Khullar has expired. The first claim petition was filed by his wife, two minor daughters, one son and parents. The second claim petition was filed by Ajaib Singh, driver of Maruti Van bearing registration No. PIM-4917 and the third claim petition was filed by Bhim Singh, owner of the said Maruti.

(2.) THE brief facts of the case are that on the date of accident i.e. on 10.10.1991, Rajinder Singh Khullar-deceased was travelling in the Maruti Van bearing registration No. PIM-4917 at about 3 p.m. This vehicle was being driven by Ajaib Singh and when the vehicle reached near village Singhanwala towards Moga side, a tractor trolley was coming from the same side. Ajaib Singh tried to overtake the said tractor trolley and in the meanwhile, a bus bearing registration No. PAB-3078 belonging to Kotkapura being driven by Davinder Singh came from the opposite side. According to the claimants, Davinder Singh was driving the bus at a very high speed and he could not control the bus due to which, the bus struck against the van and as a result of which, Rajinder Singh Khullar-deceased received injuries and died at the spot. The accident was witnessed by Lakhwinder Singh son of Balkar Singh resident of Kot Ise Khan and Swarn Singh son of Karam Singh of Kotkapura. They removed Ajaib Singh to Civil Hospital, Moga. It is alleged by the learned counsel for the appellant that he was 42 years of age at the time of accident and he was working as Assistant Sales Manager in the Company at Chandigarh and was drawing Rs. 7500/- per month as salary. The offending vehicle No. PAB-3078 was insured with the United India Assurance Company and it was owned by Bhupinder Singh and post mortem on the dead body of Rajinder Singh Khullar was conducted and the case was also registered against Davinder Singh under Section 304-A of the Indian Penal Code. It is alleged by Gurbachan Kaur, Shally, Shikha, Paramjit Singh, Parkash Kaur and Baldev Singh Khullar that they were depending upon the income of Rajinder Singh Khullar- deceased. With these broad allegations, the claimants have claimed compensation of Rs. 25,20,000/- along with interest @ 18% per annum from the date of accident till payment. The claim petition was filed against M/s Kot Kapura Bus Service through its owners Bhupinder Singh and Davinder Singh and United India Insurance Company Ltd.

(3.) ACCORDING to the driver of the bus, the accident took place due to the rash and negligent driving of Ajaib Singh, the driver of Maruti Van. He was not having a valid driving licence. Ajaib Singh tried to overtake a tractor trolley and he could not control his vehicle and dashed it against the bus. Respondent No. 3 inter alia pleaded that it is not responsible to pay any compensation as the driver of the bus Davinder Singh was not holding any valid licence. Moreover, the petitions are bad for non-joinder of the necessary parties.