S.S. Sodhi, J. - (1.) ON February 26, 1972 truck No. PNP 2763, loaded with iron pipes, was travelling from Patiala to Gurdaspur. When it reached near village Jiwan Wal a tyre thereof burst, as a result of which it swerved and hit into another truck, coming from the opposite direction. Om Parkash Sekhri, who was travelling in this truck, at that time, sustained injuries in this accident. It is in respect of these injuries that he sought compensation. This claim was however, negatived by the Tribunal, holding that the accident had not been caused by any negligence on the part of the truck driver. It is this finding which has now been assailed in appeal.
(2.) IT is the common case of the parties that the accident took place due to the tyre burst of the truck and it was on account thereof that it had hit into a truck coming from the opposite direction. The case of the claimant was that the tyres of the truck were old and worn out and it was on this account that the tyre had bursr and further that the truck had been travelling at a fast speed when the tyre burst. The main contesting Respondent here are Sadhu Ram and Dalip Singh Respondents 5 and 6 who according to the evidence on record were the owners of the truck when the accident took place. Neither of these Respondents however filed any return in this case.
(3.) THE truck PNP 2763 had admittedly not been insured by either Sadhu Ram or Dalip Singh Respondents nor had the policy of insurance in respect thereof been transferred to their names by Pritam Singh, the previous owner thereof. There is thus no insurance company to be rendered liable here. Any liability that may be fastened could only be upon either the driver or the owner of the truck for payment of compensation in this case.;