SURJIT KAUR Vs. GURMAIL SINGH AND ANR.

JUDGEMENT

(1.) THIS appeal has been filed by Surjit Kaur Appellant against the judgment of the Motor Accidents Claims Tribunal, Ludhiana (hereinafter referred as the Tribunal) dated December 10, 1970 by which her claim petition had been dismissed.

(2.) THE facts leading to the present case are that Milkha Singh was sleeping on a cot in front of his house in village Pul Sudhar on the night intervening May 30, and 31, 1969 at a distance of about 40 feet from metalled portion of the road. Gurmail Singh Respondent, who was driving military truck No. TP -1302 at about 1.00 a.m., after striking against two kikar trees struck against the cot of Milkha Singh and over -ran him. He was crushed to death at the spot. Gurmail Singh, driver, who had been stuck up in the steering wheel of the truck was removed therefrom. He was smelling of liquor at that time. His two companions who were in the truck had become unconscious. Gurmail Singh Respondent was prosecuted and was convicted by a criminal court. The Petitioner is the daughter of Milkha Singh deceased and had filed a claim petition for compensation on the ground that the accident took place on account of negligent and rash driving of Gurmail Singh who was driving the truck in the course of his employment under the Union of India. The claim had been contested by the Union of India who, inter alia, pleaded that Milkha Singh deceased himself was negligent as he was sleeping at a distance of about 20 feet from the metalled portion of the road, that Gurmail Singh was driving the truck without its authority and permission, and that Surjit Kaur was not dependent on Milkha Singh deceased. On the pleadings of the parties, the Tribunal framed the following issues: -

(3.) THE second contention of the learned Counsel for the Appellant is that the Appellant, who is the daughter of the deceased is entitled to compensation. He has referred to Sections 1 -A and 2 of the Fatal Accidents Act, 1855 (herein after referred to as the Act) which are as follows: -