ZABAR SINGH Vs. PIRTHI CHAND AND OTHERS

JUDGEMENT

(1.) THE accident here was between a truck and tractor. This happened on February 1, 1973 at about 4 p.m. on the national highway between Delhi and Jaipur, near village Pachgaon. Siri Kishan and Anand Parkash, two young students, who were travelling on the tractor trolly at that time died as a result of the injuries sustained by them when on account of the accident the tractor 1 roily turned turtle and fell into a ditch on the road side. Siri Kishan died at the spot when the wheel of the tractor passed over him after he had fallen; whereas Anand Parkash died a few days later on February 12, 1973.

(2.) THE Tribunal, found that the accident had been caused by the rash and negligent driving of the truck driver. A sum of Rs. 16,000/ -was awarded as compensation to Sarwan Devi, the mother of Siri Kishan; while Pirthi Chand and Shanti Devi, the parents of Anand Parkash were awarded Rs. 9,000/ -. Liability for the amount awarded was fastened upon the truck driver and Zabar Singh, who was held to be owner of the truck at the time of the accident. The financier of the truck, M/s. Janta Cinema Property and Finance Limited was the other party held liable. The respondent insurance company was however, absolved of liability on the finding that Zabar Singh, who was the owner of the offending truck when accident occurred was not the insured at that time.

(3.) ON the other hand, the testimony of the truck driver Harphul Singh, who was incidentally the only witness examined by the other side inspires no confidence. He came -forth with no counter version in the written statement, but in the witness box he deposed to the patently implausible story, "I wanted to over -take the said tractor trolly, but the hook of the trolly snapped and the trolly fell in front of my vehicle". This was on the fact of it clearly an after -thought.