BACHITAR SINGH Vs. JASWINDER SINGH

JUDGEMENT

(1.) THIS appeal is directed against the award of the Motor Accident Claims Tribunal, Patiala, dated 19-7-1983, whereby a sum of Rs. 18,000/- was awarded as compensation with 6 per cent per annum interest against the driver of the offending truck only.

(2.) IN an accident on 15-4-1982, at about 8.15 P.M., Ajit Pal Singh died. A claim petition was filed by his parents. The deceased was 28 years of age at the time of accident and was employed as a Peon in the Punjab State Electricity Board, on a monthly salary of (Rs. 500/-. The offending truck was driven by Jaswinder Singh, respondent No. I. Avtar Singh was impleaded as respondent No 2 being the owner of the said truck. Said Avtar Singh did not appear in spite of service and hence was proceeded ex pane. In the written statement filed by driver Jaswinder Singh, he stated that he did not know as to who was the owner of the truck. According to him, the accident was the result of carelessness and negligent driving of the cycle by Ajit Pal Singh deceased The insurance company also filed the written statement and it denied that the offending truck No PBV-2751 was ever insured with it. The claimants in order to prove the negligence of the driver of the truck and the amount of compensation, examined six witnesses. No evidence was led by the contesting respondents. The learned Tribunal framed the following issues:

(3.) IN this view of the matter, this appeal succeeds to the extent that the claimants will be entitled to the amount of compensation of Rs. 18,000/-, which will be recoverable from both the respondents i.e. Jaswinder Singh driver as well as Avtar Singh, respondent No. 2, owner of the truck with interest at the rate of 12 per cent instead of 6 per cent per annum as allowed by the Tribunal. The appellants will also be entitled to the costs of this appeal.