KIRPAL KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is by the claimants who have been denied compensation on the ground that they have failed to prove that the accident had been caused by the rash and negligent driving of offending truck. Claimants are widow, two sons, a daughter and the father of Adeep Singh, deceased.

(2.) IT is the case of the claimants that on 13.8.1991, when Adeep Singh, deceased, was coming on his scooter bearing registration No. PCU-7420 near Supply Deport Barrier No. 6, Jalandhar Cantt., a military truck driven by Om Bahadur turned towards Jalandhar Cantt from G.T. road and dashed against the scooter of Adeep Singh. As a result of accident, Adeep Singh died on the spot. Claimants alleged that the military truck was being driven rashly and negligently. On appearance, respondents did not deny the accident and admitted that Adeep Singh died because of accident. However, the respondents denied that the military truck was being driven rashly and negligently. They pleaded that one eye-witness, namely, Paramjit Singh, had stated before the police that the accident occurred due to fault to the deceased and the driver of the military vehicle is not to be blamed for the accident.

(3.) THE death of the deceased as a result of accident involving the truck and the scooter is not in dispute. The question which requires consideration is whether Adeep Singh died on account of rash and negligent driving of the truck driver. As noticed, the Tribunal has rejected the claim petition on the ground that AW-2, Kashmir Singh was not present at the time of accident and Paramjit Singh, brother-in-law of the deceased, who had reached the place of accident immediately thereafter, stated during the inquest proceedings that accident had not occurred due to rash and negligent driving of the truck driver.