AMARJIT KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) F.A.O. No. 902 of 1985 (Amarjit Kaur v. Union of India) and F.A.O." No. 903 of 1985 (Jaswinder Kaur v. Union of India) have been filed by the respective legal heirs of Beant Singh and Jaswant Singh, the two deceased, who were killed in an accident while travelling in car No. PUT 3515, which was allegedly hit by a military truck No. 79D 40896, owned by the respondent No. 1, Union of India and driven by its driver B. Singh. F.A.O. No. 958 of 1985 (Zorawar Singh v. B. Singh) has been filed by the owner of the aforesaid car, seeking compensation on account of damage caused to his vehicle.

(2.) The facts of the case are that on 25.2.1984 at about 9.30 p.m. Jaswant Singh deceased accompanied by Beant Singh was going towards Railway Station, Patiala in a car bearing No. PUT 3515, being driven by Jaswant Singh aforesaid. As they reached close to the office of the Deputy Commissioner, Patiala, situated on the Mall Road, the truck aforesaid came from the opposite direction and rammed into the car, leading to the two fatalities. As per the claimants, the accident was witnessed by Raghubir Singh, AW 3 and Pritam Singh, AW 6 and a report was also lodged with the police by them at about 11.15 p.m., the same night. The case of the claimants further was that the two injured were taken to Rajendra Hospital, Patiala by Raghubir Singh, AW 3 and others and were examined by Dr. Gurinderjit Singh, AW 7, who declared them dead on arrival. The post-mortem had been conducted by Dr. Gurinderjit Singh on 26.2.1984 after the bodies had been identified by the aforesaid two witnesses.

(3.) Several claim petitions as already mentioned above were thereafter filed.