SWARAN KAUR Vs. MAGHAR SINGH

JUDGEMENT

(1.) THIS appeal is directed against the award of the Motor Accident Claims Tribunal, Bhatinda, (hereinafter referred to as 'the Tribunal') who on a claim application awarded a sum of Rs. l5000/- under Section 92-A of the Motor Vehicles Act and the claim application under Section 110-A of the Motor Vehicles Act was dismissed. Aggrieved against the same, the claimant has preferred this appeal.

(2.) SHORN of unnecessary details, the undisputed facts of the case which emerges from the case are that one Gurcharan Singh, a police constable, aged 37 years was killed on 3-2-1984 in a vehicular accident which took place with truck No PBI 4397 driven by Maghar Singh, its driver and owned by one Jarnail Singh The truck was insured with Oriental Fire and General Insurance Company Limited.

(3.) IN this case, the death of the deceased in a vehicular accident involving the abovesaid truck number is not in dispute. The question which requires consideration is whether Gurcharan Singh died in a vehicular accident by rush and negligent driving of the truck driven by Maghar Singh owned by Jarnail Singh. The Tribunal had rejected the claim petition under Section 110 A of the Motor Vehicles Act on the ground that Bachitter Singh (AW--1) father of the deceased who was accompanying the deceased at the time of the accident had stated before the police that the accident had not resulted due to rash and negligent driving of the driver of the truck. However, Bachitter Singh while appearing as AW-4 had stated on oath that the accident had occurred due to rash and negligent driving of the driver of the truck. It was on the basis of this discrepancy that the Tribunal had rejected the claim application claimants filed under Section 110 A of the Motor Vehicles Act.