MANMOHAN SINGH GHAI Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) This judgment will dispose of F.A.Os. Nos. 16 and 39 of 1971. Both the appeals arise out of the one and the same order of the Motor Accident Claims Tribunal, Ludhiana, dated 27th October, 1970, and, therefore, they are being disposed of by a common judgment.

(2.) On 24th June, 1969 at about 6 p.m. Malinder Singh, accompanied by his grand-father Dharam Singh P.W. 4 was going to the shop of Khushwant Singh located in the locality known as Khud Mohalla at Ludhiana. He was having a cycle with him; Water Tank Lorry PNL-7965 used for sprinkling water belong to the Municipal Committee, Ludhiana, which was being driven rashly and negligently by Gobind Ram driver, according to the claimants, ran over Shri Malinder Singh who became unconscious at the spot. He was removed to the Christian Medical College and Hospital, where he expired after half an hour. Smt. Krishanjit Kaur claiming herself to the mother of the deceased and Manmohan Singh as father, claimed a sum of Rs. one lakh as compensation.

(3.) The claim was resisted by the Municipal Committee and Shri Gobind Ram and the material allegations made in the claim petition were denied. It was pleaded that the lorry was not being driven rashly and that the claim petition was not maintainable in view of the fact that notice under Section 49 of the Municipal Act had not been served on the Municipal Committee.