SEWA SINGH Vs. COL GURCHARAN SINGH

JUDGEMENT

(1.) THESE four appeals, i. e. , F. A. O. Nos. 264 and 265 of 1974 (filed by Sewa Singh truck-owner) and F. A. O. Nos. 81 and 107 of 1975 (filed by claimants Col. Gurcharan Singh and Dr. Harinder Kaur, respectively) shall be disposed of by this judgment as they arise out of the same accident and are directed against the judgment dated November 30, 1973, rendered by the Motor Accidents Claims Tribunal, Ambala.

(2.) FACTS giving rise to these appeals are as under I

(3.) THE learned Tribunal decided issue No. 1 in favour of the claimants and held that the accident took place due to the rash and negligent driving by the driver of truck No. DLL 6907 and the claimants suffered the alleged injuries as a result of that accident. Issue No. 2 was also decided in favour of the claimants and it was held that they were entitled to the compensation. In the case of Dr. Harinder Kaur it was held that she was entitled to a compensation ol Rs. 2,500 and in the case of Col. Gurcharan Singh it was held that he was entitled to a compensation of Rs. 20,000. issue No. 3 was decided in favour of the insurance company and it was held that there was no cause of action against the insurance-company. On issue No. 4 it was decided that the truck was sold before the alleged accident by Gurmukh Singh to Sewa Singh. On issue No. 5 it was held that since Gurmuk Singh was not impleaded as a party to the claim applications, the insurance company was not liable to pay any compensation to the claimants. Issue No. 6 was not seriously challenged by the parties and hence there was no finding. On the basis of the findings on issues 1 to 5, the Tribunal allowed compensation, as stated above, in favour of the claimants and Sewa Singh, owner of the truck, was held liable to pay the same. It is against this judgment of the Tribunal that the claimants as well as Sewa Singh, owner of the truck, have filed separate appeals.