AMAR KAUR Vs. SATNAM SINGH

JUDGEMENT

(1.) THIS judgment shall dispose of F.A.O. Nos. 88 and 89 of 1985 as both these appeals arise out of the same award dated 28.8.1984.

(2.) THE claimants are in appeal aggrieved against the award of the Motor Accident Claims Tribunal (hereinafter to be referred as "the Tribunal") dated 28.8.1984 whereby their applications under Section 110 -A of the Motor Vehicles Act, 1939 were dismissed on the ground that the claimants have failed to established rash and negligent driving by the driver of truck No. PUX -9905.

(3.) THE respondents denied that any accident had taken place with truck No. PUX -9905. It was pleaded that the aforesaid truck was not in Punjab and, in fact, on 10.10.1981 it had already crossed Ahmedabad border and it was on its way to Baroda. The owner of the truck denied that Bakhshish Singh was the driver of the truck.