NATIONAL INSURANCE COMPANY LTD Vs. KRISHNA

JUDGEMENT

(1.) The Appeal is directed against a judgment dated 05.02.2004 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs. 4,98,600/- was awarded in favour of the Claimants (Respondents No.1 to 6) for the death of Vijender Singh who died in a motor vehicle accident which occurred on 11.02.1996.

(2.) A Claim Petition under Section 166 of the Motor Vehicles Act, 1988 (the Act) was preferred by the Respondents No.1 to 6 alleging that the deceased Vijender Singh was employed as a driver with Respondent No.7 Joginder Singh on a salary of Rs. 3,500/- per month. It was averred that on the fateful day, that 2 is, on 11.02.1996 at about 1:00 A.M., the deceased was sleeping in the truck No.DL-1H-9503 as the second driver. Respondent No.7 while driving the truck in a rash and negligent manner and at a high speed struck against the rocks as a result of which the deceased suffered injuries which proved to be fatal. A compensation of Rs. 15 lacs was claimed by the Respondents No.1 to 6.

(3.) Respondent No.7 contested the Claim Petition by way of filing written statement and admitted that the deceased was working as a driver on the earlier said truck. Respondent No.7 denied that the deceased was getting a salary of Rs. 3,500/- per month, on the other hand, it was stated that he was getting a salary of Rs. 3,000/- per month. It was denied that the accident was caused on account of rash and negligent driving of the truck.