AVTAR SINGH Vs. HAZARA SINGH

JUDGEMENT

(1.) ON January 5, 1974, there was an accident between the tonga of the claimant, Hazara Singh, and the car No. PUA 2975 which was being driven by Avtar Singh. The injuries suffered by Hazara Singh in this accident resulted in the amputation of his right leg a little below the knee. The Tribunal awarded him Rs. 5,000 as compensation, holding that the accident had been caused by the rash and negligent driving of Avtar Singh.

(2.) THE award of the Tribunal stands challenged both by Avtar Singh and the claimant, Hazara Singh. The claim of Avtar Singh being that it was only the insurance company that could be held liable for payment of the amount awarded and no liability could be fastened upon him, while the claimant, Hazara Singh, claimed enhanced compensation. The insurance company on its part filed cross-objections questioning its liability to pay compensation in this case.

(3.) IT stands established from the evidence on record and there is no challenge to it in appeal that it was Avtar Singh who was driving the car at the time of the accident. Avtar Singh was, therefore, the person primarily liable for payment of compensation in this case. There is thus no question of Avtar Singh being absolved from the liability.