TARA SINGH Vs. MANGAL SINGH AND ORS.

JUDGEMENT

(1.) ON February 23, 1968, at about 12 noon one Mangal Singh was going from village Jhandiana Sharki on a bicycle on G.T. Road. He had to pass through the town of Moga. When he was near the Industrial Training Institute, truck No. PNF -8078 driven by Tara Singh came from the opposite side at a fast speed. It struck against the bicycle of Mangal Singh who was proceeding on the correct side of the road. Because of the accident, Mangal Singh fell down and sustained injuries. He was taken to Civil Hospital, Moga, where Dr. Manohar Singh A.W. 2 examined him and gave him treatment. Ultimately he had to be taken to Post Graduate Institute of Medical Education and Research at Chandigarh and admitted there for treatment of compound fracture of the lower end of right femur and compound fracture of right medical malleolus. He was discharged from the hospital as partially cured. He filed a claim petition under Section 110 of the Motor Vehicles Act praying therein that he should be awarded Rs. 60, 000/ - for injuries and loss of his earning capacity. In the claim petition the owner of the vehicle, Mr. Devinder Singh Brar, the insurance company, namely, Oriental Fire and General Insurance Company Branch Office, Moga, Jarnail Singh and Tara Singh were impleaded. It was claimed that the truck had been given by the owner to Jarnail Singh for repairs and Tara Singh, being his younger brother, was helping him in his workshop. This claim was resisted by the parties arrayed as Respondents in the claim petition and the learned Tribunal framed the following issues on the pleas raised by the parties:

(2.) WHETHER Mangal Singh sustained injuries due to negligent driving of the truck?

(3.) WHETHER there was suspension of the insurance policy at the time when this accident involving injuries to Mangal Singh occurred? If so, what is its effect?