HARBHAJAN SINGH Vs. AVTAR SINGH AND ANOTHER

JUDGEMENT

(1.) Having been unsuccessful, the claimant has sought to impugn Award dated 19.11.1999 of the learned Motor Accident Claims Tribunal, Roopnagar (in short 'the Tribunal') through this FAO whereby his claim for compensation stood dismissed.

(2.) The brief allegations of the claimant are that he was aged around 27 years working as a Cleaner on truck No.PB-12A 4909 (in short 'the truck') getting Rs. 2,000/- per month as salary. It is pleaded that on 21.01.1996, while he was sitting in the said truck being driven by respondent No.1 Avtar Singh owner-cum-driver and on account of rash and negligent driving, the truck hit a wall of a house resulting in injuries to the claimant, who suffered fracture of his ankle. Thus, claiming that he remained admitted in the hospital till 12.03.1996 and had to spend Rs. 40,000/- on his treatment and the fact that there had been loss of income and other pleasures of life, sought compensation from the owner-cum-driver by respondent No.2-United India Insurance Company being the insurer of the truck. It is worthwhile to refer here that initially the claimant had claimed that one Sarup Singh then respondent No.1 was the driver of the truck in question and by subsequent amendment had sought to array Avtar Singh as the driver-cum-owner.

(3.) Respondent No.1 in a tersely worded reply had denied the allegations of the claim petition terming to be false and fictitious one and denied that any such accident ever took place. The claim of the claimant for compensation was also refuted. The insurer besides taking usual preliminary objections as to the lack of jurisdiction claim petition being not maintainable as well as defences under the provisions of Sections 147,148,149 and 170 of the Motor Vehicle Act (in short 'the Act') has denied for want of knowledge the accident and its resultant effect. It is pleaded by the insurance company that the owner-cum-driver had never informed the insurer of such an accident and termed the claim to be without any merits, sought its dismissal.