NEW INDIA ASSURANCE CO LTD Vs. JAGJIT SINGH

JUDGEMENT

(1.) TRUCK No. JKN 6487 owned by Raj Kumar, respondent No. 3 and driven by Madan Singh met with an accident on 22. 1. 1999 at Transport Nagar near Railway Station, Jammu when it collided with another vehicle standing on the road. Madan Singh suffered grievous injuries in the motor vehicular accident and later succumbed to the injuries in Government Medical College and Hospital, Jammu. He was 58 years of age at the time of his death and he was drawing an amount of rs. 3,000 per month as wages from the owner of the truck. His widow Darshan kaur filed a compensation claim before commissioner, Workmen's Compensation, jammu.

(2.) BHUPINDER Singh had died during the pendency of the petition and it was his widow Manjeet Kaur who on being arrayed as party respondent had stated before the commissioner that the vehicle had not been validly transferred by Raj Kumar in favour of her husband Bhupinder Singh. She had stated that as the vehicle had not been legally transferred to her husband so the liability to satisfy the claim of the legal heirs of deceased driver would be that of raj Kumar, the registered owner of the vehicle.

(3.) MANJEET Kaur had also died during the pendency of the claim petition which was later prosecuted by her two sons.