GURDEV SINGH Vs. BAWA AMARJIT SINGH

JUDGEMENT

(1.) THIS appeal is directed against the award of Motor Accident Claims Tribunal, Patiala, which had granted a sum of Rs. 48,000/- as compensation to the claimants against respondents No. 1 and 2 jointly and severally with interest at the rate of 12% per annum from the date of application till payment. The owner of the truck has filed this appeal alleging that the Motor Accident Claims Tribunal had erred in finding their liability as they were not owner at the time of the accept.

(2.) THE back-ground which led to the filing of the appeal is that Bawa Amarjeet Singh and his wife Shrimati Harbans Kaur filed claim petition under Section 110-A of the Motor Vehicles Act claiming compensation amounting to Rs. six lacs on account of deaths of their two unmarried educated children, namely Gurpreet Singh and Harminder Kaur, who were Engineer and Doctor, respectively, from Tejinder Singh Driver of Truck No. PBW-155 and from Gurdev Singh or Karamjit Singh whosoever is proved to be the owner of the said truck The claim application was filed against the Insurance Company but the vehicle was not insured. As such, no liability could be determined against the Insurance Company.

(3.) IN this case, the deaths of Harminder Kaur and Gurpreet Singh are not in dispute. The sole question which cropped up for consideration before the Motor Accident Claims Tribunal was with regard to fixing of liability as the respondents have denied the ownership of the truck. The Tribunal on the basis of pleadings had framed the following issues :