KULWANT KAUR Vs. MANINDER SINGH

JUDGEMENT

(1.) THE widow, mother and the minor children of Gurdial Singh deceased have filed this appeal to challenge the judgment dated 31.7.1986 passed by Motor Accident Claims Tribunal, Jalandhar (for short 'the Tribunal'), whereby the claimants have been awarded a meager sum of Rs. 15,000/- as compensation on account of the death of Gurdial Singh.

(2.) SUCCINCTLY , the facts giving rise to this appeal are that on 4.9.1983 at about 8.30 p.m. Gurdial Singh aged 35 years, while riding a bicycle was run over by the truck bearing Registration No. PBJ-9669 near Manvir Chowk, Kapurthala. At that time Jaswant Singh was accompanying him on a separate cycle. After crushing Gurdial Singh under the wheels of the truck, the driver thereof sped it away. The occurrence was witnessed by Harbans Singh PW2 a rickshaw puller and Constable Surinder Singh PW4, who chased the offending vehicle in a private car and the truck was made to halt after firing. After stopping the truck, the driver thereof ran away. However, owner of the truck Maninder Singh (respondent No. 1) came forward and the claimants came to know that Gursharanjit Singh was driving the truck at the relevant time. Gursharanjit Singh driver was acquitted by the Criminal Court after giving him the benefit of doubt. The claimants, i.e., the widow, mother, two minor sons and two minor daughters of the deceased filed claim application wherein it was alleged by them that deceased Gurdial Singh was a cycle repairer and was doing the business of cycle spare-parts. In this way, he was earning about Rs. 1200/- per month. The Tribunal while deciding the claim petition, held that though it stood proved that the accident was caused by the truck bearing Registration No. PBJ-9669 but the eyewitnesses had failed to fasten the liability for rash and negligent driving of the truck on Gursharanjit Singh, respondent No. 2, as he could not be identified by them at the time of occurrence in the circumstances narrated by them. In these circumstances after applying the provisions of Section 92-A of the old Motor Vehicles Act, the Tribunal awarded a lump sum of Rs. 15,000/- as compensation to the claimants and the liability for payment of the amount of compensation was fixed on the owner-respondent No. 1. The claimants have filed this appeal in order to challenge the judgment of the Tribunal.

(3.) NO one has put in appearance on behalf of the respondents despite service.