UNITED INDIA INSURANCE CO LTD Vs. RAM DEVI

JUDGEMENT

(1.) On 3.5.1998, a passenger vehicle, Tata 407, bearing registration No. JK 02-D 1419 met with accident at Rahya Morh. The vehicular accident gave rise to three claim petitions filed by the legal representatives of the deceased passengers travelling in the vehicle or the passengers injured in the accident. Ram Devi, respondent No. 1 herein, who lost her son, Tarsem Kumar, in the unfortunate accident, was one amongst the three claimants to approach Motor Accidents Claims Tribunal, Jammu for compensation. In other two petitions, deceased Tarsem Kumar was shown to have been driving the offending vehicle at the time of accident. Ram Devi, mother of deceased Tarsem Kumar, how-ever, pleaded in her claim petition that her son was travelling as passenger in the offending vehicle at the time of accident.

(2.) One of the claim petitions arising out of the accident titled Kamla Devi v. United India Insurance Co. Ltd., wherein deceased Tarsem Kumar was shown as driver of the offending vehicle, was allowed and award was passed in favour of the claimants. The award was questioned in civil first miscellaneous appeal before the High Court. It was insisted in the appeal that one Raju Singh, not Tarsem Kumar, was driving the offending vehicle at the time of accident and that learned Tribunal had wrongly held Tarsem Kumar to have been driver of the offending vehicle at the time of accident. The appeal was dismissed and the findings returned by the learned Tribunal upheld.

(3.) It is pertinent to point out that accident led to registration of case F.l.R. No. 115 of 1998 under sections 279/337, Ranbir Penal Code, at Police Station Vijaypur. Investigation reveals that the offending vehicle was being driven by Rajeshwar Singh alias Raju, s/o Lab Singh, r/o Raya, at the time of accident and not by deceased Tarsem Kumar, son of respondent No. 1. The investigation was concluded as proved against Rajeshwar Singh alias Raju as the charge-sheet alleging commission of of-fences punishable under sections 279, 337, 302, 304-A, Ranbir Penal Code read with sections 3/181, Motor Vehicles Act, 1988, filed against said Rajeshwar Singh alias Raju in the competent court.