DAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by Dal Singh (appellant) against the judgment and award dated 25.8.2000 passed by the learned Motor Accident Claims Tribunal, Karnal ('Tribunal' for short) whereby his petition under Section 166 of the Motor Vehicles Act, 1988 claiming a sum of Rs. 30,000/ - on account of the death of his cow in a road accident that had occurred on 18.8.2000 has been dismissed.

(2.) ACCORDING to the appellant, he purchased a cow of Holision breed from one Anand son of Simru for a sum of Rs.8000/ - on 18.8.1996. The cow was eight months' pregnant and was ready for delivery in the near future. The claimant -appellant along with the cow had reached near the Police Post Madhuban. In the meantime, the offending truck hit the cow. As a result of the impact, the cow received multiple and grievous injuries. Case FIR No.569 dated 30.8.1996 was registered for the offences under Sections 279 and 429 Indian Penal Code on the statement of Dal Singh (appellant). The State of Punjab and the District Transport Officer, Amritsar (owner of the truck No. PIA 9199) were impleaded as respondents No.1 and 2. Amandeep Singh and Lakhminder Singh (respondents No. 3 and 4) were drivers of the offending truck which was insured with National Insurance Company Limited (respondent No.5). The petition insofar as Amandeep Singh and Lakhminder Singh (respondents No.3 and 4) are concerned, was dismissed vide order dated 8.4.2000.

(3.) NATIONAL Insurance Company Limited (respondent No.5) filed its written statement. A preliminary objection was raised as to the maintainability, estoppel and that the driver of the truck was not holding a valid and effective driving licence at the time of accident. On merits, it was pleaded that the accident occurred solely due to the negligence of the cow itself. On the pleadings of the parties, the following issues were framed: -