MAYA DEVI Vs. SOHAN SINGH

JUDGEMENT

(1.) THE challenge in appeal here is to the denial of compensation to the widow and children of Parkash Chand, deceased, who was killed in an accident with the truck PNC-2947. This happended at about 7-30 A.M. on January 22,1979 in front of Guru Dashmesh Engineers & Traders Factory, Bhatinda on the Bhatinda-Mansa Road. The finding of the Tribunal being that the accident had not been caused by the rash and negligent driving of the truck-driver.

(2.) ACCORDING to the claimants, Parkash Chand, Deceased, accompanied by his brother Des Raj had gone to Guru Dashmesh Engineers & Traders Factory to supply milk. Having done so, just as he entered the main road, he was run over by the truck PNC 2947 which came there at a very fast speed from the side of Mansa.

(3.) THE case of the claimants rests upon the testimony of AW 2, Des Raj the brother of the Deceased Parkash Chand, who deposed that he was with him when the accident occurred. According to him, Parkash Chand was still on the kacha portion of the road on the side of the factory where he had supplied milk when the truck came on to the wrong side of the road and hit into the deceased and killed him. He further went on to depose that when after the truck had collided against the cycle of Parkash Chand, he signalled to the truck-driver to stop the truck. The truck-driver stopped it at a distance of 25 karams and he then requested the truck-driver to carry Parkash Chand in his truck to the hospital telling him that his truck had caused injuries to Parkash Chand. The truck-driver disclosed his name to be Sohan Singh and agreed to do so, but instead sped away from there.