GURDIAL CHAND BHASIN Vs. ANIL KUMAR

JUDGEMENT

(1.) This order will dispose of C.R. Nos. 1156 and 1157 of 1992, as the point involved in the two cases is precisely the same.

(2.) Car bearing registration No. PJR 4433 and truck bearing registration No. CHW 2005 were involved in an accident which took place at about 7 p.m. on 25.8.1985. Anil Kumar was driving the car. The truck No. CHW 2005 coming from the side of Rajpura struck against the car near the village Ganda Kheri on the Patiala-Rajpura Road. As a result of this accident Anil Kumar received injuries and the car was damaged.

(3.) Two claim petitions were filed before the Motor Accidents Claims Tribunal, Patiala, one by Anil Kumar and the other by the owner of the car Raj Kumar. Anil Kumar claimed compensation in the sum of Rs. 10,000 for the injuries sustained by him, whereas Raj Kumar claimed damages for the car to the tune of Rs. 40,000. The claim petitions were filed against the owner of the truck and its driver. The particulars of the insurance company were not disclosed either by the owner or by the driver of the truck. The respondents in the claim petition did not put in appearance and they were thus proceeded against ex pane. An ex pane award thus came to be passed on 13.10.1986. Anil Kumar was awarded compensation in the sum of Rs. 5,000 whereas the claim of Raj Kumar was accepted to the extent of Rs. 30,000.