LAJPAT RAI Vs. SATBIR SINGH

JUDGEMENT

(1.) THIS appeal has been filed by Lajpat Rai, the alleged owner of Matador No. HLR-3119 being driven by Avin, respondent No. 1, which met with an accident on 12.9.1983, causing serious injuries to Prithvi Singh and several others. Prithvi Singh ultimately died on 16.9.1983 at the Safdarjang Hospital, New Delhi. The claim petition was thereafter filed by his legal heirs claiming compensation in which they impleaded Avin, the driver, as respondent No. 1, Lajpat Rai (the present appellant) as respondent No. 2 and the Insurance Company as respondent No. 3. In the claim petition, the claimants pleaded that the driver and owner of the aforesaid vehicle as also the Insurance Company were liable to pay compensation.

(2.) IN the joint reply filed by Avin and Lajpat Rai, the fact that Lajpat Rai was the owner of the vehicle was not specifically denied and all that stated was that all the owners were not impleaded as parties in the claim petition.

(3.) ON issue No. 1, the Tribunal vide its award dated 30.4.1985 held that Prithvi SIngh had died in this accident, which was caused due to the rash and negligent driving of the Matador by its driver Avin. On issue No. 2, the Tribunal observed that though it had come in the evidence that the Matador in question belonged to Bhoop Chand and not to Lajpat Rai, yet neither Avin nor Lajpat Rai had cared to deny the ownership of the vehicle and as the vehicle was being looked after by Lajpat Rai, the liability to pay compensation was on him as also the driver of the vehicle and not on the Insurance Company, as Bhoop Chand in whose name the Insurance cover stood, had not been made a party. The Tribunal accordingly passed an award in favour of the claimants.