JOKI RAM Vs. NARESH KANTA

JUDGEMENT

(1.) THESE three appeals, F. A. Os, Nos. 47, 84 and 114 of 1972, are before us for determination of two points of law on a reference from Tewatia, J. , (as he then was) vide his order of March 13, 1975, and shall be disposed of by one judgment as all these three appeals were filed against the decision of the Motor accidents Claims Tribunal (hereinafter called the Tribunal), dated November 6, 1971.

(2.) SHRI Om Parkash Sharma, deceased, was returning from Fatehabad to tohana on a motor-cycle driven by Surat Singh on January 28, 1969, at 7-30 p. M. At a distance of about three miles from Bhuna on Bhuna Fatehabad Road, a truck No. HRH-9071, driven by Sher Singh and owned by Jokhi Ram came rashly and negligently from the opposite side and dashed into the motor-cycle resulting into the death of Om Parkash Sharma and Surat Singh. First information report regarding this incident was lodged in the Police Station, bhuna. Shrimati Naresh Kanta, wife of Om Parkash Sharma (deceased) and Ms five minor children, (four daughters and one son) filed an application under section 110-A of the Motor Vehicles Act, 1939 (hereinafter called the Act), before the Tribunal claiming compensation amounting to Rs. 1,40,000. The truck was insured with the Vanguard Insurance Company Limited. Shri Jokhi ram, Sher Singh and the Vanguard Insurance Company were im-pleaded as respondents as the owner, driver and the insurer of the truck, respectively. All the three respondents contested the claim. On the pleadings of the parties, the following issues were framed:

(3.) WHETHER Sher Singh, driver, was in the employment of truck owner jokhi Ram at the time of occurrence, and if so, its effect?