MEENA DEVI Vs. SIKANDER SINGH

JUDGEMENT

(1.) The claimants have filed the present appeal against the judgment of the Motor Accidents Claims Tribunal, Ludhiana, dated 16.2.1999 by which a compensation of Rs. 3,50,460 along with 12 per cent interest has been awarded to him.

(2.) Briefly the facts of the case are that on 20.10.1996 at about 10.00 p.m. Tam Bahadur was going on his bicycle towards his house from Gurdev Nagar, Ludhiana, when truck No. PB 10-H 9689 came from the opposite direction and hit against the bicycle of Tam Bahadur. As a result of the accident Tan) Bahadur died. At the time of the accident, Sikander Singh, respondent No. 1, was driving the truck in a rash and negligent manner and the accident was witnessed by Manjit Singh, son of Gurdas Singh and Gpbind Singh, son of Hira Lal Bahadur. A pase under sections 279 and 304-A, Indian Penal Code was registered vide F.I.R. No. 219 dated 21.10.1996 against Sikander Singh.

(3.) A written statement was filed where Sikander Singh, owner and driver of the offending vehicle, denied that the accident had ever taken place. It was averred that he has been falsely implicated in the criminal case. National Insurance Co. Ltd., respondent No. 2, also filed a separate written statement wherein it was pleaded that the driver of the offending vehicle did not possess a valid driving licence at the time of the accident and, hence, the insurance company is not liable to pay any compensation.