JOGINDER SINGH Vs. PUSHPA RANI

JUDGEMENT

(1.) THE challenge in the appeal here is to the award of Rs. 45,000 as compensation to the widow and daughter of Mohinder Kumar Gupta, the deceased.

(2.) ACCORDING to the claimants, the deceased was travelling in truck PUI 2495, when, in trying to avoid a buffalo, it went off the road and overturned. Mohinder Kumar Gupta is said to have died as a result of the injuries received in this accident. This happened on August 4, 1978, at about 5-45 p. m. on the Ambala-Jagadhri Road.

(3.) BOTH the driver and the truck-owner accepted the fact that a buffalo struck against the truck while it was coming from Ambala to Jagadhri, but denied that there was any fault of the truck-driver. It was also denied that the deceased was travelling in the truck at that time.