GURMEET KAUR Vs. MOHINDER SINGH

JUDGEMENT

(1.) THE claimants have filed the present appeal against the judgment of the Motor Accident Claims Tribunal, Kapurthala, dated 16.4.1986 by which their application under Section 110-A of the Motor Vehicles Act for the grant of compensation on account of death of Kashmir Singh was dismissed.

(2.) BRIEFLY the facts of the case are that on 1.12.1984 Narinder Singh was driving truck No. PUQ-7977 on Nadala Bhegowal Road and was going towards village Ibrahimwal. Kashmir Singh was the Conductor of that truck. At about 7 A.M. when the truck reached near village Ibrahimwal, another truck bearing No. PBK-8744 loaded with paddy bags was coming from the opposite side and was being driven by Mohinder Singh at a high speed. Both the trucks met with a head on collision as a result of which Narinder Singh and Kashmir Singh sustained serious injuries and both of them subsequently died. The incident was witnessed by Malkiat Singh who was also driving truck No. PUQ-3297 and was coming just behind the truck driven by the deceased Narinder Singh. On account of the death of Narinder Singh and Kashmir Singh, claim petitions were filed. The respondents filed their written statement and alleged that there was no negligence on part of the driver of truck No. PBK-8744 which was being driven by Mohinder Singh.

(3.) THE claimants examined Malkiat Singh as PW-5 who stated that at the time of accident he was following truck No. PUQ-7977 being driven by Narinder Singh and whose Conductor was Kashmir Singh. It was stated that when truck No. PUQ- 7977 reached near Nadala Rice Mill, another truck bearing No. PBK-8744 came from the opposite direction being driven at a very high speed and that truck without blowing any horn struck against the truck being driven by Narinder Singh as a result of which both Narinder Singh and Kashmir Singh died. It was further stated by this witness that it was a foggy morning and that the driver of truck No. PBK-8744 was clearly at fault. The Tribunal discarded the statement of the Eye-witness Malkiat Singh by holding that as PW-5 has not stated that the truck being driven by Mohinder Singh was not being driven on the wrong side, therefore, it cannot be held that Mohinder Singh was at fault in causing the accident.