DALBIR KAUR Vs. AVTAR SINGH

JUDGEMENT

(1.) ON December 27, 1977 at about 10 P.M. Bakhshish Singh deceased was standing near a tractor trolley parked on the road near Lahori Gate, Amritsar, when a bus came and hit into him as a result of which he sustained injuries and later died. It was the finding of the Tribunal that this accident had been caused by the New Majha Transport Co-operative Society Bus PUA-5021, driven by their driver-Avtar Singh. A sum of Rs. 68,200/- was awarded as compensation to the claimants, they being the widow and two minor children of Bakhshish Singh deceased.

(2.) THE main controversy in appeal here is with regard to the identity of the bus involved in the accident and of the person driving it at that time. The contention of Mr. L.M. Suri, counsel for the New Majha Transport Co-operative Society Limited being that no such accident had been caused by their bus PUA-5021 now was Avtar Singh employed by them as driver on the date of the accident.

(3.) TURNING now to the other limb of the challenge namely, as regards the identity of the bus involved in the accident, counsel for the Transport Company laid great stress upon the first information report exhibit A/3, which was said to have been recorded on the statement of one Piara Singh. The other person, named as witness in this report was one Tirath Singh. Neither Piara Singh nor Tirath Singh were examined as witnesses in this case. Their was also no mention in this report of the number of the bus involved in the accident nor regarding the identity of the person driving it. It was also pointed out that this report mentioned 8.30 p.m., as the time of the occurrence, whereas according to the claimants, it had taken place at 10 p.m.