KULJIT SINGH Vs. HARSH KUMAR TRIHAN AND ORS.

JUDGEMENT

(1.) APPELLANT Kuljit Singh has preferred this appeal against the award of Rs. 85,200/ - awarded to him by the Motor Accident Claims Tribunal, Karnal, by its judgment dated January 24, 1994.

(2.) IN this appeal, the admitted facts are that truck No. HNC -6199, insured by respondent No. 3, was owned by respondent No. 1 and on April, 22, 1995, it was being driven by respondent No. 2. On April 22, 1995 respondent No. 2 was driving this truck from Delhi to Chandigarh. In Maruti Car No. CH -01 -A -1000 Captain Pawan Deep Singh Toor, Palwinder Singh and Kuljit Singh were going from Chandigarh to Delhi. Kuljit Singh was driving the Maruti car and Captain Pawan Deep Singh Toor was sitting by his side. Palwinder Singh was occupying the back seat. Kuljit Singh was driving this car at a moderate speed. At about 11.30 A.M. respondent no.2 knocked down this car with his truck. Due to his rash and negligent driving, in this accident all the three persons travelling in Maruti car were seriously injured. Captain Pawan Deep Singh Toor succumbed to the injuries. Kuljit Singh and Palwinder Singh sustained various grievous injuries. The incident was reported to the police by Joginder Singh and a criminal case under Sections 279/337/304 -A of the Indian Penal Code was registered against respondent No. 2. The Maruti car was also damaged.

(3.) RESPONDENTS 1 and 2 Filed joint written statement, denying that their truck was involved in this accident. According to them, this accident took place because of the negligent driving of Maruti car by Kuljit Singh. He was driving his Maruti car in a zig zag way. Other objections were also taken. They disowned their liability to pay compensation to the claimant.