SITA SHARMA Vs. KULWANT SINGH

JUDGEMENT

(1.) THIS judgment will dispose of FAO No. 378 of 1988 filed by Smt. Sita Sharma and others and FAO No. 547 of 1988 filed by Kulwant Singh, as these arise from the common award of the Motor Accidents Claims Tribunal, Karnal, dated 1.2.1988.

(2.) THE Motor Accidents Claims Tribunal, Karnal, vide award dated 1.2.1988, on a claim petition filed by the claimants under Sections 92 -A and 110 -A of the Motor Vehicles Act, 1939, awarded a sum of Rs. 2,68,800/ - as compensation on account of the death of Ram Mohan Sharma, Junior Engineer, aged 35 years, who died in a vehicular accident on 13.12.1986. The owner of the offending vehicle was absolved of the liability to pay compensation and the same was fastened on the driver of the offending vehicle, i.e. Kulwant Singh.

(3.) THE challenge to the award by the claimants is that the Tribunal had erred in absolving the owner of the offending vehicle from his liability to pay compensation. The learned counsel contends that it has not been disputed that Shri Alakh Sahibzada was the owner of the offending vehicle and Kulwant Singh was a partner in the Machinery Shop with his son Raghbir Singh. The counsel further contends that Kulwant Singh, the driver of the offending vehicle, was given the keys of the Jeep by son of the owner, who would be deemed to be in possession of the offending vehicle even if the jeep was being driven by Kulwant Singh.