OM PARKASH Vs. DHARAM PAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Motor Accident Claims Tribunal, Jind, dated October 10, 1978.

(2.) BRIEFLY, the facts are that on March 19, 1974, Dwarka Dass, deceased, was coming from the Railway Station, Jind, to Jind City in a tonga. The tonga was being driven by one Ram Chander. When he reached near Jwalmala Octroi post, a truck bearing No. HRJ-5425 belonging to Om Parkash, respondent No. 1, and driven by Vijey Singh, respondent No. 2, collided against the tonga. As a result of that Dwarka Dass sustained injuries and died immediately. It is alleged that the accident took place on account of rash and negligent driving of respondent No. 2. A claim petition was filed by the sons, daughter and widow of the deceased for recovery of Rs. 30,000 as compensation, against the owner, his driver and Oriental Fire and General Insurance Co. One of the daughters of the deceased was impleaded as respondent No. 4.

(3.) THE respondents contested the petition. Respondents Nos. 1 and 2 filed a jointly written statement wherein they controverted the allegations of the petitioner and said that the accident took place on account of the negligent driving of Ram Chander, tongawala. No specific plea was taken in the written statement by Vijey Singh that he was not driving the truck but he said so while making the statement in the court. The insurance company denied its liability and also pleaded that Vijey Singh did not possess a valid licence and, therefore, was not authorised to drive the truck. On the pleadings of the parties, the following issues were framed by the Tribunal: