Pritam Singh and Surja who were injured were examined. Both these persons are residents of Bhawanigarh. In their statement to the police, they had not named the driver but had stated that they could recognize him if brought before them. When they stepped into the witness box before the Tribunal, Pritam Singh stated that he knew driver Kulwant Singh. What is interesting is the cross-examination. The counsel who was representing Surinder Singh and Kulwant Singh asked the witnesses to identify the truck driver. The witnesses pointed out towards Kulwant Singh. He was only present in the Court. The Tribunal had noted that on that day, Surinder Singh named in the FIR was not present. This goes to show how the fraud had been perpetuated by the owner. In the claim petitions the plea was that it was Surinder who was driving the truck. At the evidence stage the two witnesses who had suffered massive injuries and fractures had stated that they had seen the driver. It was not possible for the injured to see the driver. The front part of the van was crushed, the windows had to be broken to take them out. It is difficult to believe that the truck driver would have stayed on the spot. It is not the case of either of the persons that the driver had helped them out. It is also difficult to accept that Pritam Singh would know the owner. They were not the residents of the same area i.e. Hoshiarpur. It is difficult to accept that they were known to each other. Had it been so, Pritam Singh would have named him in his statement under Section 161 Cr.P.C.
