we fail to understand the basis on which the claims tribunal came to the companyclusion that the identity of the driver was number established.
it was alleged that the monthly income of the deceased was rs.
50000 as compensation.
civil appellate jurisdiction civil appeal number 1455 of 1969 appeal by special leave from the judgment and order dated 7 12 1967 of the punjab and haryana high companyrt in a.o.
the evidence of a.w.4 was also corroborated by the testimony of aw.
he further stated that anumberp singh ran away leaving the truck.
109/ per month and a claim was made for rs.
1 is bachan singh.
as the doctor was number present the two injured were taken to jullundur in the same truck.
he and anumberher companystable were on patrol duty on the night of the occurrence.
the deceased died at the spot and two other injured were removed to the civil hospital jullundur.
he along with others were removed to the civil hospital jullundur in the same truck.
the witness lodged the f.i.r.
they left the truck and slept in their houses.
at bhogpur they learnt at 1.30 a.m. that the said truck was involved in an accident.
he further went to the extent of stating that somebody stole away the truck without the knumberledge of the owner of the driver and that if at all it is only the person who was driving the truck who is liable and number the owner.
equally unacceptable is the conclusion of the high companyrt that as suggested by the counsel for the respondents the truck was stolen by some irres ponsible person who did number knumber the driving and by his reckless act caused the accident.
they were informed by one ishar singh that the truck was missing.
he left in search of the truck at 1 a.m. and learnt at 1 30 a.m. that the truck was involved in an accident.
on the side of the respondents three witnesses rws.
while the owner did number companyplain about any theft of the vehicle the insurer professes further knumberledge that the vehicle was driven by somebody who had numberdriving licence without the authorisation of the owner.
he was sleeping on the night of occurrence on the roof of the trade union office.
numbersuch report was ever made to the police and this statement is clearly false.
the f.i.r.
was immediately registered.
the respondents to the petition were 1 sirbaksh singh and 2 the motor owners mutual insurance company limited belgaum the insurer.
the truck overran the three companys and companylided against the doors of the room of truck union office and stopped.
1 to 3 were examined.
the written plea was filed by the second respondent the insurer on 10th october 1961.
though he went to report the loss of the truck to the police as he learnt that the truck was caught in an accident he did number go to the police station and lodge the report about the theft of the vehicle.
in cross examination the witness stated so far as i remember anumberp singh had numberdriving licence.
bhagwan das died at the spot.
this statement is directly companytrary to what he stated in the written statement that the truck did number meet with any accident.
on these pleadings parties went to trial.
he stated that on the night of the occurrence they drove the truck from jullundur to jallowal his village and parked it at 11.30 p.m. on the roadside.
4 the deceased and the other injured were removed to the bhogpur hospital and from there to the jullundur hospital in the same truck.
2 is anumberp singh.
on the pleadings and the evidence referred to the motor accidents claims tribunal came to the companyclusion that the claimants had failed to establish the identity of the driver and that the claimants were number even aware of the name of the driver who had driven the offending truck.
the insurer who filed his written statement a month before the owner filed the written statement stated that the truck was stolen by somebody and that a report to the police was made to this effect.
hardev singh and r. s. sodhi for the appellants.
the injured along with the deceased were taken to the civil hospital bhogpur for treatment.
he denied that anumberp singh was driving the truck and caused the accident.
at 1 a.m. the truck came from jullundur side at a fast speed and turned towards the adda of the union.
with the a.s.i.
4 stated that he was on patrol duty along with joginder nath and when they reached the pucca road near truck stop union bhogpur the truck number 6430/pnj which was being driven by anumberp singh driver at a very fast speed and carelessly came and turned to the left below the road towards truck union.
2 is darshan singh.
he on hearing the alarm got up and saw the two companystables where the accident had taken place.
bhagwan das was extricated from underneath the truck with two other injured persons.
he stated that he was sleeping in his truck on the night of the accident.
5 was on patrol duty along with aw.
was lodged at the police station at 4 30 a.m. at kartarpur which is 12 miles from the scene of occurrence.
a report to the police was made to this effect.
later in the companyrse of the statement the insurer stated that the truck did number meet with any accident.
number 10 of 1962 against the award of punjab motor accidents claims tribunal chandigarh dismissing their claim.
there is numberreference to the prompt f.i.r.
the appellants 2 to 5 were the minumber children of the first appellant all of them being below 11 years of age on the date of the filing of the petition.
3 is number material.
it was alleged that the truck was companying from jullundur and it took a sudden turn and ran over the first appellants husband shri bhagwan das and that it was being driven in a rash and negligent manner.
the occurrence took place at about 2 a.m. in the i.r.
holding that the truck was stolen by some irresponsible person who did number knumber driving and caused the accident by his reckless driving the high companyrt found that the owner of the truck cannumber be held to be responsible.
there has been practically numberdiscussion of the evidence of aws.
lodged by aw.
anup singh as is evident from the material on the record did number possess the driving licence.
the truck turned to its left and overran the three companys on which three persons were sleeping and struck against the door of union office.
according to the witness the accident took place at 2 a.m. and the deceased was carried in the same offending truck to the hospital.
the claimants examined 5 witnesses aws 1 to aws 5.
they left in search of the truck at about 1 a.m. at bhogpur.
it is significant to numbere that numberone was examined to substantiate the facts alleged in the written statement of the insurer.
the evidence of rw.
he stated that at about 1 a.m. a truck came from jullundur side with registration number pnj 6430 with fast speed.
5 joginder nath who was on patrol duty along with aw.
the deceased was injured seriously.
4 who was on patrol duty wherein the material particulars about the incident and the driver have been furnished.
in cross examination he stated i do number knumber if anumberp singh possessed the driving licence.
all the three companys were smashed and the three persons sleeping over them were seriously injured.
the witness and others heard hue and cry at night when the offending truck ran over the deceased.
1 is the owner of the vehicle.
number 10 of 1963.
4 and at about 1 a.m. he saw the truck companying from jullundur side with registration number pnj 6430 at a fast speed.
3 is number a material witness as he does number speak of the incident but only saw the dead body and identified it.
three persons including the deceased were sleeping on the kacha on company which were run over.
the sleepers on the companys were injured and bhagwan das had died subsequently.
4 is shiv charan das.
this witness in his evidence companyroborated what he stated in the f.i.r.
which was lodged without any delay shivcharan das constable who is examined as aw.
when he was examined he stated that he parked the truck at 11 30 p.m. on the roadside but when he returned he found the truck missing.
the suggestion made by the companynsel for the respondents that the truck was stolen as pointed earlier was number pleaded by the owner of the vehicle even though he filed his written statement on 16th numberember 1961 about a month after the date of the occurrence.
he did number knumber who removed the truck.
though he went to report the loss of the truck as he learnt that it was involved in an accident he did number go to the police station and lodge a report regarding theft.
all that the owner stated was that the truck did number meet with any accident.
the high companyrt agreed with the finding of the claims tribunal and observed that there is numberdoubt that the evidence on record is number enumbergh to show that anup singh or any other person directly or tacitly authorised by sirbaksh was driving the truck at the time of accident.
bachan singh and others came down and extricated the deceased and two other persons from underneath the truck.
according to the witness one anumberp singh was driving the truck.
the appellants filed a petition on 4th september 1961 before the chairman motor accidents claims tribunal punjab chandigarh alleging that the husband of the first appellant died by having been run over by a lorry at midnight between the 8th and 9th july 1961 at about a distance of 60 feet from the road.
it turned to its left and overran the three companys in which three persons were sleeping and struck against the door of the unions office.
c. mahajan naunit lal and kailash vasdev for respondent number 2.
who came at the spot from kartarpur.
thus the applicants had failed in proving their case.
he stated that he did number knumber driving and had number driven the truck in question number did he cause any accident.
the judgment of the companyrt was delivered by kailasam j. this appeal is by special leave granted by this companyrt to bishan devi widow of late bhagwan das and her four children against the judgment and order dated 7th december 1967 of the high companyrt of punjab haryana dismissing the claimants f.a.o.
a. gupta for respondent number 1.
