SURJIT KAUR Vs. DARSHAN SINGH

JUDGEMENT

(1.) THE claim in appeal here is for enhanced compensation. The claimant being the mother of Sukhwinder Singh deceased, who was run over and killed by the truck PUE--7991 near the petrol pump at Nangal Chowk, Ropar. This happened on September, 27, 1983. It was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of the truck driver. A sum of Rs. 16,800/--was awarded as compensation to the mother-Surjit Kaur.

(2.) NO exception can be taken to the finding that the accident had been caused on account of the rash and negligent driving of the truck by its driver. It is pertinent to note that the accident stands admitted by the respondents, though, of course, there was a denial of negligence by them.

(3.) THE case of the claimants rests upon the testimony of PW 3--Dharam Singh and PW 4 Mobinder Singh, who both deposed that the truck came on to the wrong side of the chowk and ran over the deceased. Further, it was their testimony that the truck, at the time of the accident, was being driven by respondent-Darshan Singh. This respondent, namely, Darshan Singh deposed that he did not possess the driving licence and in fact never had a driving licence. R.W. 1-Mohinder Singh, the owner of the truck and the father of the other respondent-Darshan Singh cameforth to depose that he had parked the truck at the petrol pump and when he turned it towards the left, a boy struck against the right rear wheel of this truck and he did not know from which side he had come. In other words, he sought to substitute himself as the driver of the truck in place of his son-Darshan Singh, who did not possess a driving licence.