MALKIAT SINGH Vs. JASWANT SINGH

JUDGEMENT

(1.) This is appeal against award dated 15.12.1997 passed by Motor Accident Claims Tribunal, Hoshiarpur, dismissing petition filed by claimantappellant under Section 166 of the Motor Vehicles Act, claiming compensation for the injuries suffered by him on 28.01.1994 in an accident with Maruti Van bearing registration no. DID-6395 (later referred to as 'the offending vehicle').

(2.) Facts of the case as narrated in para 24 of the claim petition are as follows:-

(3.) Claim petition was originally filed against Jaswant Singh and Oriental Insurance Co. Ltd., insurer of the offending vehicle. In reply filed by respondent no. 1-Jaswant Singh, he took preliminary objection that at the time of alleged incident the offending vehicle was being driven by his son Inderpal Singh. He, however, denied the accident alleging that at the relevant time he was going with his son from Hoshiarpur to Dasuya one motorcycle after colliding with another motorcycle struck against the side of van. The accident had taken place due to the fault of driver of the motorcycle.