BHAGWAN DASS Vs. KULWANT SINGH

JUDGEMENT

(1.) THESE three appeals (Nos. 524 to 526 of 1979) are directed against the same judgment of the Motor Accidents Claims Tribunal, Sangrur, and are thus being disposed of through this common order.

(2.) AS a result of the accident that took place on August 19, 1976, at about 11 p.m. near village Jheaur Majra on the outskirts of Sangrur towards Patiala side between car No. PNC -4210 and truck No. PNF -7629, Som Nath driver of the car died on the spot. Bhagwan Dass and two others namely, Sukhdev Raj and Puran Chand occupants of the car are alleged to have received injuries in that accident. The present appeals are by the heirs, and legal representatives of Som Nath driver, Bhagwan Dass, Puran Chand injured and Rameshwar Dass owner of the car. According to the version of the claimant -Appellants, they were returning from Nabha to Sangrur after attending a marriage there. By the time they reached near village Jheaur Majra, they found truck No. 7629 coming, from the opposite direction at a rash speed and being driven negligently by Kulwant Singh. According to them, the truck banged into the right side of the car, as a result of which, the car after covering some distance struck against a Shisham tree and turned its face towards the Patiala side, i.e., the side towards which the truck was going. The two injured namely Sukhdev Raj and Puran Chand were taken away from the spot by Sham Lal P.W. 19 who reached the place of occurrence shortly after the accident. Bhagwan Dass who admittedly has suffered serious injuries including the fracture of hip joint and was crying on that account was left in the damaged car itself. These two P Ws claimed to have noticed the presence of Kulwant Singh owner of the truck as well as the registration number of the same. According to their version, on reaching Sangrur. they were given first aid by Dr. J.K. Sharma.

(3.) AS a result of the trial that followed, the claim applications as already indicated were dismissed by the lower Court. Under the above -noted two issues, the finding recorded by the said Court is that at the crucial time the truck was not in motion or was being driven by Kulwant Singh much less rashly and negligently and in fact Piare Lal was the driver of the truck.