KANWAL KOHLI Vs. JOGINDER SINGH

JUDGEMENT

(1.) The present FAO has been filed by the legal representatives of Harinderjit Singh Kohli (husband of Mr.Kanwal Kohli and father of Jaggjoyt Singh and Pooja Kohli) against an award dated 29.9.1993, vide which Motor Accident Claims Tribunal, Patiala (hereinafter referred to as the Tribunal), recorded a finding that the appellants had not been able to prove the identity of driver who was driving the offending vehicle at the time of the impugned accident.

(2.) On 4.7.1989, the deceased was travelling by Maruti Car bearing registration No. CHK 9834 from Delhi to Chandigarh. The car was driven by Harjit Singh. At about 10.45 p.m., the car had just crossed Bhushan Factory on Ambala- Chandigarh road and was proceeding towards Dera Bassi town, when the offending truck bearing registration No. PAT 4831 came from the opposite direction, while it was being driven at a rash speed and in a negligent manner. The offending vehicle came over to wrong hand side of the road and hit the car with great force. On account of the impact, Harinderjit Singh Kohli and Harjit Singh sustained injuries and died at the spot. Harjit Singh was in employment of Harinderjit Singh Kohli as a driver. The car was totally smashed.

(3.) The claimants impleaded Joginder Singh son of Bhag Singh and New India Assurance Company Ltd. as respondents. The averment was that the former is registered owner of the offending vehicle; while the latter was the insurer thereof.