DALIP SINGH Vs. SMT. MUKAND KAUR AND OTHERS

JUDGEMENT

(1.) THIS appeal has been filed by Dalip Singh, owner of truck No. PNT 3795 against the judgment of the Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal), dated June 14, 1972, by which an award for the recovery of Rs. 20.000/ - has been passed against him and Jagir Singh.

(2.) BRIEFLY the case of Mukand Kaur, widow and Jit Singh and Balbir Singh, minor sons of Ujagar Singh, was that Jagir Singh, cleaner, was driving truck No. PNT 3795, belonging to Dalip Singh in a negligent manner between 2 and 3 P.M. on October 8, 1968, near Bus Adda, Samana. It is alleged that Ujagar Singh deceased was standing near the bus stand on the katcha portion of the road where he was run over by the truck. He received multiple injuries on different parts of the body and consequently died while he was being taken to Rajendra Hospital, Patiala. The petitioners filed a petition claiming Rs. 80000/ - as damages from Dalip Singh, Jagir Singh and the Hindustan General Insurance Company Ltd., the insurance of the truck.

(3.) THE first question that arises for determination is whether Dalip Singh is a liable for the negligent act of Jagir Singh. It is contended by the learned counsel for the appellant that the appellant left the truck at the canal at Samana under the charge of Mukhtiar Singh, Cleaner, for being washed. He further argues that he had told Mukhtiar Singh to inform him after having washed the truck so that he could take it back. The learned counsel submits that Jagir Singh, without any authority from the appellant, took the truck in the absence of Mukhtiar Singh, we had gone to inform Dalip Singh appellant that the truck had been washed and met with the accident. It is also submitted by him that in fact the keys of the truck were with Dalip Singh and Jagir Singh started the engine without the keys. In the circumstances he submits that no liability regarding the accident can be fixed upon the appellant.