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2005 DIGILAW 714 (PNJ)

Parkash Chand v. Maya Devi

2005-07-07

HARJIT SINGH BEDI, VINEY MITTAL

body2005
ORDER Harjit Singh Bedi, J. (Oral) - This Letters Patent Appeal arises out of the following facts :- 2. Parkash Chand deceased, brother of Des Raj, had gone to supply milk to the Guru Dashmesh Engineers & Traders Factory and while on the main road, he was run over by truck No. PNC-2947, which came at a very fast speed from the opposite side. The claim application was accordingly filed by the respondent- claimants, who were the widow and children of the deceased. The Tribunal in its award held that there was no evidence to show that the accident has been caused by the rash and negligent driving of the truck and having held so, dismissed the claim application. The matter thereafter came in appeal before the learned Single Judge of this Court and relying on the evidence of AW-2 Des Raj and AW-3 A.S.I. Gulzar Singh and the fact that the driver of the truck Sohan Singh had been convicted by the criminal court, the learned Single Judge allowed the application and directed that a sum of Rs. 1,44,000/- be paid as compensation alongwith interest to the respondents to be apportioned between them in a particular way. The present appeal has been filed against the judgment of the learned Single Judge by Parkash Chrand the owner of the vehicle. 3. We find that the learned Single Judge has, on a clear appreciation of the evidence, recorded a finding in favour of the claimants. Not only, the eye-witness account has been considered, but the circumstance that the driver had been convicted by the criminal Court under Section 304-A of the Indian Penal Code has been taken into account. It bears highlighting that the criminal revision filed in this Honble Court by the driver has also been dismissed. As a clear finding of fact has been recorded by the learned Single Judge, we find no reason to differ with the same. Dismissed. Veney Mittal, J. Appeal dismissed.