NATIONAL INSURANCE COMPANY LIMITED Vs. HARJEET KAUR

JUDGEMENT

(1.) The present appeal arises out of the judgment dated 29th October, 1987 of Mrs. Mamta Sehgal, Judge, Motor Accident Claims Tribunal, New Delhi. The respondents/claimants have filed their cross appeal (2385/88) claiming enhancement of compenation awarded by the Tribunal and interest @ 12% per annum on the amount claimed w.e.f. the date of filing of the claim application till realisation. The brief facts of the case are that the deceased Shri Balbinder Singh, aged 44 years was working as Officiating Incharge of Kendriya Vidyalya, Sadiq Nagar, New Delhi drawing a salary of Rs. 2300.00 per month approximately. On 29.11.1983 at about 12.30 per month the deceased was returning to his house on his two wheeler scooter bearing No. HPS 3206 and when he reached the Mool Chand Hospital crossing he stopped his scooter as there was a red light signal. The truck bearing No. DHL 6348 being driven by respondent 5 came at a fast speed from behind and hit the scooter with its front portion. On account of the forcible impact the deceased was thrown away on the road and was crushed under the wheel of the truck. The impact of the accident was so great that the truck dragged the deceased to a considerable distance as a result of which he received fatal injuries. Respondent no. 5 is the driver of the truck, respondent no. 6 is the owner of the truck and the appellant herein being the insurer of the truck are liable to pay compensation to the legal heirs of the deceased. The necessary claim petition was filed before the Motor Accident Claims Tribunal and the same was disposed of by the judgment which has been impugned by the insurance company.

(2.) It has been pleaded in the petition that the deceased was enjoying good health and a senior position and if he had not died in the accident he would have lived a long life and would have also become Principal in the same school where he was working. He has left behind his widow, his son.aged 8 years and one daughter 6 years respectively. Respondent no.1 who is the wife of the deceased Balbinder Singh filed the claim petition on her behalf as well as on behalf of the minor children Inder Deep Singh and Miss Gagan Deep Kaur. The mother of the deceased Smt. Prakash kaur subsequently died and her name has already been deleted from the array of parties vide order dated 21st September, 1988.

(3.) The appellant as well as the owner of the vehicle respondent no.6 filed their respective written statements. They have admitted the occurrence of the accident but have denied the negligence. It has been pleaded that the driver of the truck, respondent 5 was driving the vehicle in a normal manner and the deceased over took the vehicle in a rash and negligent manner and reversed the scooter just in front of the truck and hence the appellant and respondents 5 and 6 are not liable to pay any compensation. The appellant further pleaded that the liability of the company is limited to the extent of Rs. 50,000.00 as laid down by the provisions of Section 95(2) of the Motor Vehicles Act, 1939. It is not disputed that there was a subsequent amendment and the limit was raised to Rs. 1,50,000.00 w.e.f. 1.10.1982. The Act was amended again and the provisions of Section 147(2) of the Motor Vehicles Act, 1988 provide that a policy of insurance shall cover any liability in respect of any accident for the amount of liability incurred.