BHOOP SINGH Vs. PURAN CHAND

JUDGEMENT

(1.) This judgment shall dispose of F.A.O. Nos. 236, 237 and 238 of 2001 arising out of M.A.C. Case Nos. 3, 26 and 25 of 1998 respectively with common accident dated 28.5.1998 involving truck No. HP 35-0845 and decided by separate awards all dated 8.3.2001 by the learned Motor Accidents Claims Tribunal, Kinnaur at Rampur Buehshar. The common question of law is involved in all the three appeals, therefore, all appeals are being disposed of by common judgment. F.A.O. No. 236 of 2001:

(2.) On 28.5.1998 one Chander Shekhar, aged about 17 years, was on board in truck bearing registration No. HP 35-0845 as conductor and was going from Kalka to Parwanoo. The truck at the relevant time was owned by the appellant and respondent No. 7 was driving the truck. The truck went out of the road at some distance from Oddi and had fallen in a nearby nullah causing the death of Chander Shekhar and other two occupants. Chander Shekhar was the son of respondent Nos. 1 and 2. The respondent Nos. 1 to 6 filed the claim petition alleging therein that accident took place due to rash and negligent driving on the part of respondent No. 7 who was driving the truck at the time of accident. The deceased Chander Shekhar was earning Rs. 3,500 per month. The respondent No. 2 is the mother and respondent Nos. 3 to 6 are the brothers and sisters of the deceased Chander Shekhar. The truck was insured with respondent No. 8. The respondent Nos. 1 to 6 claimed Rs. 3,80,000 as compensation on account of death of Chander Shekhar.

(3.) Appellant contested the petition. It has been denied that accident took place due to rash and negligent driving on the part of respondent No. 7. It has been admitted that Chander Shekhar was employed as conductor on the truck on Rs. 1,000 per month wages. The accident was not denied but it has been pleaded that accident took place due to mechanical fault. It has been pleaded that respondent No. 7 was a duly licensed driver who was employed by the appellant for driving the truck. The truck was insured at the time of accident with respondent No. 8 and liability, if any, is of respondent No. 8 to pay the compensation.