JASBIR SINGH Vs. SWARAN LATA

JUDGEMENT

(1.) THIS judgment will dispose of five appeals, i.e. F.A.O. Nos. 472, 473, 683, 598 and 626, all of the year 1988, as all these appeals arise out of one and the same judgment dated January 2, 1988, passed by the Motor Accident Claims Tribunal, Amritsar. For facility of dictating judgment, facts are being taken from FAO No. 472 of 1988.

(2.) BRIEFLY , facts of the case are that on December 23, 1983, Vinod Kumar deceased along with his family members was travelling in a three-wheeler, being driven by Hari Mohan deceased. When it reached near local Rigo bridge, a truck bearing registration No. PNB 897, owned by appellant Jasbir Singh, and driven by respondent No. 6 Santokh Singh, struck against the three-wheeler, which resulted into deaths of Hari Mohan (driver of the three-wheeler), and Vinod Kumar, who was travelling in the same. Factum of accident and deaths of Hari Mohan and Vinod Kumar in that accident are not in dispute.

(3.) ARGUMENT raised is perfectly justified. In the present case, the appellant is son of the owner of the vehicle, who had died only a few weeks earlier to the date of accident. Their Lordships of the Supreme Court in G. Govindan's case (supra), while dealing with a similar situation, have held as under :