NEW INDIA ASSURANCE CO. LTD. Vs. JAGTAR SINGH

JUDGEMENT

(1.) THESE petitions are under Article 227 of the Constitution of India. Though originally Section 115 of Civil Procedure Code was also quoted, on an objection by the office, counsel agreed to delete that provision and confined the petition to Article 227 of the Constitution of India. It is submitted that as the compensation awarded is below Rs. 10,000/ , no appeal is maintainable and consequently the correctness of the award could be challenged under Article 227 of the Constitution of India. Hence, these revision petitions are taken up for hearing.

(2.) THESE petitions are filed by the insurance company which disputes its liability to pay compensation on the ground that the person who was driving the vehicle involved in the accident was one who did not have a driving licence to drive a vehicle. According to the insurance company it was only the cleaner of the truck who was driving the vehicle at the relevant time who did not possess a driving licence even according to his own statement and therefore the insurance company is not liable to pay any part of the compensation. For this purpose reliance is placed upon the statement of Devi Singh who was examined as RW 1. No doubt he has stated that he was not possessing driving licence at the time of accident but he has clearly stated that the person who drove the vehicle at the relevant time was Harpal Singh, driver, son of Mast Ram. According to Devi Singh, RW 1, after the accident the driver left the truck and went to inform the truck owner about the same after requesting the witness to stay at the place of accident. It is also stated by him very clearly that the key of the engine of the truck had been taken away by the driver. Nothing has been elicited in the cross examination to dispute that statement. In such circumstances, the statement of Devi Singh that he did not possess driving licence at the time of accident will not help the petitioner herein.

(3.) NIRMAL Singh, RW 2, is the owner of the vehicle. He has stated categorically that at the time of the accident it was only his driver who was driving the vehicle and he has also added that he had authorised only Harpal Singh to drive the truck and no one else. According to him, Harpal Singh had a valid driving licence and he had been his driver for four years. PW 2 has stated in the chief examination that himself, Ramesh Chand and Jagtar Singh, owner of another truck bearing No. 5065, were going on the road when the accident took place. According to him, Rakesh Chand, deceased sustained serious injuries and died. He was driver of truck owned by PW 2 bearing registration No. HNE 365. PW 2 also received simple injuries. He has stated in the chief examination that they had caught the driver at the time of accident when he was sitting at the steering. He stated as follows: ...We caught hold of the driver of the truck HYE 1913 who was sitting on the steering. The police also reached at the spot. Police took Devi Singh to Police Station, Parwanoo.