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1982 Supreme(P&H) 73

I.S.TIWANA
Guriqpal Singh – Appellant
Versus
Surinder Kaur – Respondent


Judgment

I.S.Tiwana, J.

1. In this appeal against the award of the Motor Accidents Claims Tribunal, Amritsar, by the owners of truck No. PNF 9451, the facts admitted and otherwise established on the record are that on January 1, 1971, when the authorised driver of the truck, Tara Singh, had parked the same at a distance of one mile South East of Harike, on Makhumoga Road, one Ram Singh got into the seat of the driver and drove away the truck towards Amritsar and caused a head-on collision with Punjab Roadways Bus No. PUA 985, being driven by Amrik Singh, deceased. This factual position is admitted even by the claimants in para. 24 of their claim petition. In reply to this petition, the present appellants, owners of the truck, and Tara Singh, the authorised driver of the same, and the insurance company, respondent No. 8, with whom the truck was comprehensively insured, raised a plea that none of them was liable for damages to which the claimants may otherwise be entitled on account of this accident as Ram Singh, who drove the truck at the time of the accident, was neither an authorised agent of the employer (owner of the truck) nor could in any way incur liability under law for these



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