SMT. KARTAR KAUR Vs. SHIV DARSHAN SAHNEY

JUDGEMENT

(1.) By this common judgment, two F.A. Os. No. 243 and 244 of 1986 as well as Cross -objections No. 70 -CH and 71 -CII of 1986 can conveniently be disposed of together as both the apples arise out of the same accident and have been filed by the injured in one case and the widow of the deceased in the other case.

(2.) The facts alleged are that on 3.2.1984 at about 5.30 a.m. the offending truck driven by Tara Singh, respondent No.4, came from the side of Khanna towards Ludhiana. It was being driven in a rash and negligent manner and in violation of the traffic rules. The truck bearing No.PUK -825 in which deceased Nishan Singh was the cleaner and appellant Harbans Singh was the driver was parked on the G.T. road to its left hand side. The truck driven by respondent No.4 rammed into the stationary truck PUK -825. As a result of the accident, Nishan Singh died and Harbans Singh received injuries. The widow of the deceased Nishan Singh claimed compensation while Harbans Singh claimed compensation as a result of the injuries, pain and suffering and damages.

(3.) In the reply filed, Shiv Dass Sahney, respondent No.1, admitted that he was the owner of the offending vehicle but claimed that he had sold it to Mohammand Safi, respondent No.3, on 15.4.1983. So far as other respondents are concerned, the basic plea offered was that the version of the appellant is not correct. It was denied that the driver of the alleged offending truck was driving the same in a rash and negligent manner.