LALITA MALHOTRA Vs. VIJAY PAL

JUDGEMENT

(1.) The present appeal is directed against the Award dated October 22, 1981 passed by Shri S.P.Saberwal, Judge, Motor Accident Claims Tribunal, Delhi.

(2.) The appellants 1 to 3 are the widow and minor children and appellants 4 and 5 are the parents of the deceased Shri Asa Nand Malhotra who died on account of fatal injuries sustained in motor accident which took place on January 12, 1978 at about 9 P.M. The deceased was coming from his shop situated at Kucha Kahan Chand, Nai Sarak, Delhi and was proceeding to his house situated at Janakpuri, New Delhi as pillion rider on two-wheeler scooter No. HRQ-2905 driven by Sham Lal. When they reached Paharganj bridge a truck bearing No. PUG-6211 driven by Vijay Pal, respondent no.1, came from the back side at a very fast speed and dashed against the scooter on which the deceased was travelling as pillion rider with great force. It was alleged that the scooter driver Sham Lal was driving at a slow speed and at proper side of the road and neither any call nor any signal was given by the truck driver at the time of impact. It was further stated that the said driver, after knocking down the deceased, ran away from the spot of accident along with his truck. The deceased Asa Nand died due to rash and negligent driving of truck No. PUG- 6211 on the part of respondent no. 1. The deceased was aged about 34 years on the date of accident and that he was enjoying a very good health. He was dealing in the business of cloth merchant and commission agent under the name and style of M/.s Mukesh & Co., 5656/57, Kucha Kahan Chand, Nai Sarak, Delhi and was a partner of the said firm to the extent of 50 per cent share in the business. The income of the deceased was stated to be Rs.2,500.00 per month and it was stated that there were good chances in the expansion of business which would have enhanced the income further. The deceased left behind appellant No.1 Smt. Lalita Malhotra as widow, Master Mukesh, Baby Dolly as minor son and daughter respectively as well as his aged parents. The said appellants filed claim petition under Section 110-A of the Motor Vehicles Act for the award of compensation of Rs.10 lakhs on account of fatal injuries sustained by the deceased in the aforesaid accident.

(3.) The petition was resisted by respondent no.3 M/s Oriental Fire and General Insurance Co.. Ltd by filing written statement. The plea was taken that the said respondent had no knowledge of the alleged accident as well as of the date, time and place and no intimation in this regard was received. It was further stated that the driver of the offending truck was not holding a valid driving licence and, therefore, the Insurance Company was not liable to pay any compensation. The vehicle was insured in favour of M/s Avtar Singh Jasvinder Singh i.e. respondent No.2 for the period from December 20, 1977 to November 19, 1978 but it was stated that respondent no.3 had no liability for the reason that a person in whose name the said policy was issued had no insurable interest in the offending vehicle.