PARKASH CHAND Vs. MAYA DEVI

JUDGEMENT

(1.) THIS letters Patent Appeal arises out of the following facts:

(2.) PARKASH Chand deceased, brother of Des Raj, had gone to supply milk to the Guru Dashmesh Engineers & Traders Factory and while on the main road, he was run over by truck No. PNC-2947, which came at a very fast speed from the opposite side. The claim application was accordingly filed by the respondent-claimants, who were the widow and children of the deceased. The Tribunal in its award held that there was no evidence to show that the accident has been caused by the rash and negligent driving of the truck and having held so, dismissed the claim application. The matter thereafter came in appeal before the learned Single Judge of this Court and relying on the evidence of AW 2 Des Raj and AW 3 A.S.I. Guljzar Singh and the fact that the driver of the truck Sohan Singh had been convicted by the Criminal Court, the learned Single Judge allowed the application and directed that a sum of Rs. 1,44,000 be paid as compensation along with interest to the respondents to be apportioned between them in a particular way. The present appeal has been filed against the judgment of the learned Single Judge by Parkash Chand, the owner of the vehicle.