- (1.) THIS appeal filed on behalf of the Oriental Fire and General insurance company Ltd. , arises out of a claim-petition in which as award out of a claim-petition in which a award of Rupess 12,000/- has been given in favour of the claimants (respondent Nos. 1 and 2) in equal shares against Joginder Singh, the owner of the truck and the Insurance Company both individually and Collectively.
(2.) THE accident took place on 24th of January 1970, at about 8. 30 a. m. , in which Joginder, who was coming to Jullundur City from village Khurla Kingra on his cycle, was crushed due to rash and negligent driving of Gurmail Singh, driver of the truck No. PNQ-207. At the time of the accident the owner of the truck was Joginder Singh, respondent No, 6. In the claim -application it was averred that the truck in question was insured and owned by Girdhari Lal respondent and that the same was insured with the Oriental Fire and General Insurance Company Limited. This claim petition was contested on behalf of Joginder Singh the owner of the truck and its driver Gurmail Singh. In the written statement filed on behalf of the insurance company, preliminary objection was raised that the accident if any was due to the negligence and non-observance of the traffic rules, by the deceased for which the Insurance company is not liable to pay any damages. It was also pleaded that the Insurance Company is also not liable to pay and damages as the vehicle was transferred to another persons and as such the vehicle was not insured at the time of the accident with the Insurance Company.
(3.) ON the pleadings of the parties, the learned Motor Accident claims Tribunal, Jullundur, framed the following issues:-1. Whether respondent Gurmail Singh was driving vehicle No. PNQ-207 at the time of alleged accident, i. e. on 24-1-1970 at 8. 30 a. m. ? 2. Whether the alleged accident took place as a result of which Joginder Died? 3. If issue No. 2 proved, whether the said accident took place on account of rash and negligent act of respondent Gurmail Singh?;