JOGINDER SINGH Vs. MALKIAT SINGH

JUDGEMENT

(1.) By this order, I shall dispose of two FAOs i.e. FAO-2317- 2001 filed on behalf of appellant/owner Joginder Singh and FAO-73-2002 filed on behalf of appellants/claimants Malkiat Singh(since dead) through his LRs and another, which have arisen out of the same accident.

(2.) Briefly stated, facts of the case as per version of the claimants are that petitioners/claimants - Sh.Malkiat Singh - father and Smt.Gurnam Kaur - mother of Balwinder Singh, aged about 21 years, who had perished in a motor vehicular accident, which took place on 27.8.1996 near Bridge Chowk, Miranpur, District Patiala had brought a claim petition under Section 166 of the Motor Vehicles Act against Joginder Singh - owner, Balwinder Singh alias Bagga - driver and United India Insurance Company, Karnal Road, Kaithal - insurer of the truck bearing registration No.HR-37-1924 (hereinafter referred to as the offending vehicle).

(3.) As per version of the claimants, on 26.8.1996 at about 10:30 p.m., deceased Balwinder Singh, who was employed as Punjab Home Guard posted at Police Station Kotwali, Patiala along with SPO Rulda Singh was returning to their respective villages; when they reached T- point Sanauri Adda in order to look out for a transport for going to their villages, they found one Parminder Singh standing there waiting for some vehicle for taking a lift; in the meanwhile, the offending vehicle came there, which turned towards Devigarh side; all of them signalled the offending vehicle to stop; they took lift in the offending vehicle, which was being driven by Balwinder Singh @ Bagga - respondent No.2; when the truck was in motion, they realized that the driver was driving it in a very rash and negligent manner; they asked him to drive the truck in a normal speed but to no effect; on reaching near the site of accident, the driver of the offending vehicle lost control over it, as a result the offending vehicle fell into the choe and turned towards its left side; Balwinder Singh was got crushed under the truck and died at the spot; other injured SPO Rulda Singh was sent to Patiala for treatment. Parminder had reported the matter to the police by making statement and an FIR No.93 dated 27.8.1996 for the offences under Sections 279 , 337 and 304-A IPC was registered at Police Station Julkan.