BISHNA RAM Vs. GURBACHAN SINGH

JUDGEMENT

(1.) ON June 27, 1968, at about 11 a. m. a bus came from Phillaur side and halted at the bus stop of village, Urapar. Shortly thereafter, two trucks also came from that side at a fast speed. One of the trucks bearing No. PNQ 1542 was driven by Nirmal Singh, respondent. The other truck passed by the right side of the halted bus while truck No. PNQ 1542 tried to pass the bus from the wrong side, that is, the left side of the bus. While doing so, truck No. PNQ 1542 ran over Amarjit Singh, deceased, aged about 11 years who had come out of the shop of Gurdial Singh, general merchant, which was situated close by. After running over Amarjit Singh, the offending truck struck against the wall of the shop of Gurdial Singh and then stopped. The wall of Gurdial Singh's shop was also damaged. Amarjit Singh was removed to the civil dispensary of village Urapar and after a few minutes of his reaching there he succumbed to the injuries.

(2.) GURBACHAN Singh, respondent, father of the deceased, filed an application claiming Rs. 25,000 as compensation against Nirmal Singh, respondent-driver, Bishna Ram, appellant-owner of the truck, and the New India Assurance Company with which the truck was insured.

(3.) BISHNA Ram, appellant, did not put in his written statement nor did he lead evidence except that he tendered an insurance policy marked " A ". Nirmal Singh, respondent, denied that he was driving the offending truck or the alleged accident took place. He, however, admitted that truck No. PNQ 1542 belonged to Bishna Ram. The New India Assurance Company, in its separate written statement denied, that the truck was insured with it or it was involved in the alleged accident.