HARBANS LAL Vs. NAZAR SINGH

JUDGEMENT

(1.) his appeal is filed by the driver and the owner of the vehicle alleged to have been involved in an accident for which compensation has been awarded by the Motor Accidents Claims Tribunal, Jalandhar (hereinafter referred to as 'the Tribunal').

(2.) Learned counsel for the appellants has raised the following points during the course of arguments:

(3.) After hearing the learned counsel for the appellants, we find that the defence raised cannot be sustained. The accident had taken place on 23.9.1995. The first information report was lodged on 2.10.1995. However, the date of death of the deceased in a road accident is not in dispute. On the contrary, the stand taken by appellant No. 1 is that deceased Tarsem Singh and the injured Iqbal Singh were dead drunk at the time of accident. If this is the positive stand taken, the allegation of the absence of the driver at the time of accident cannot be accepted. The witnesses examined have given the name of appellant No. 1 Harbans Lal as a driver. There was no reason shown to us that if the accident had not taken place by the vehicle driven by appellant No. 1 how the name of appellant No. 1 Harbans Lal was given by the witnesses as a driver. No enmity is shown. On the contrary, if a wrong person had to be involved, then the injured or the survivors of the deceased would have involved the driver of a vehicle which was properly insured. Admittedly, vehicle of the appellant was not insured. The involvement of the tractor was proved by the eyewitnesses, examined by the claimants-respondents.