RAJ ALIAS RAJINDER PARKASH Vs. BHAGWAN KAUR

JUDGEMENT

(1.) The controversy sought to be raised in appeal here was with regard to the ownership of the car involved in the accident.

(2.) On May 15, 1977, at about 7 a.m., Natha Singh, while returning to his village, was run over and killed by the car PNC 3671. It was the finding of the Tribunal that this accident had been caused entirely due to the rash and negligent driving of Mandanjit Singh, the driver of the offending car. A sum of Rs. 30,000/- was awarded as compensation to the claimants, they being the widow and children of Natha Singh deceased. Liability for the amount awarded was fastened upon the car driver Madanjit Singh as also the appellant Raj alias Rajinder Parkash, who was held to be the owner of the car. It is the finding which is now sought to be challenged in appeal.

(3.) A reference to the material on record would show that in the claim application, the claimants mentioned both the appellant and one Yogesh Kumar, as being the owners of the car involved in the accident. In his written statement, the appellant Raj denied that he was the owner of the car at the time of the accident while Yogesh Kumar took the plea that he had sold this car to the appellant on May, 13, 1977. As for the car driver Madanjit Singh, his was plea of denial simpliciter.