ISHER DEVI Vs. VIRSHA SINGH

JUDGEMENT

(1.) THIS appeal is directed against the award of the Motor Accidents Claims Tribunal, Sangrur, (hereinafter called 'the Tribunal') dated May 2,1983, whereby the claim petition filed by the Appellant was dismissed on the ground that she had failed to prove that her husband Kishan Chand had died in the accident which was caused due to rash and negligent driving of truck No. PUR 7171, driven by Virsha Singh, Respondent.

(2.) THE accident took place on August 12, 1981 and resulted in the death of the Appellant's husband Kishan Chand. The Appellant claiming herself to be the legal representative of the deceased, filed the claim petition on the allegations that on August 12, 1981, at about 5 p.m. her husband, Kishan Chand, along with Hem Raj son of Devi Ram, AW 3, and Sunder Dass was coming from village Ubhawal to Sangrur. When the said Kishan Chand was near the field of Jit Singh, Virsha Singh, Respondent, came driving truck No. PUR 7171 rashly and negligently and struck it against the bicycle of Kishan Chand. As a result of the impact, Kishan Chand fell down and sustained injuries. Later on he succumbed to his injuries in the hospital. On account of his death she had suffered pecuniary loss to the extent of Rs. 1,00,000/ - , which she was entitled to recover by way of compensation from the Respondents. The claim was resisted by Respondent Nos. 1 and 2, i.e., Virsha Singh, and Hardial Singh, the owner of the truck. They controverter the allegations of the claimant and alleged that truck No. PUR 7171 was never driven by Virsha Singh, Respondent, nor the said truck was ever involved in the accident. On the pleadings of the parties, the Tribunal framed the following issues:

(3.) AFTER hearing the Learned Counsel for the parties on this point, I find force in the contention raised on behalf of the Appellant.