BULLAN Vs. JASMER KAUR

JUDGEMENT

(1.) By this order cross objections filed by the respondent (claimant before the Trial Court) are being disposed.

(2.) Shri Gurcharan Singh husband of respondent No. 1 Jasmer Kaurand father of respondents 2 to 5 i.e. Smt. Kartar Kaur, S. Gurdev Singh, S. Tirlochan Singh and S.Baldev Singh was killed in a moror vehicle accident on 8th June, 1973. Claimants/ respondents 1 to 5 filed a claim alleging rash and negligent driving on the part of the driver of Truck No. UPP-1505. In the said claim petition they claimed compensation to the tune of Rs. I lac. By the impugned judgment dated 22nd September, 1979 the learned Motor Accident a claims Tribunal (hereinafter called the Tribunal) awarded Rs. 68,260.00 as compensation to the claimants and restricated the liability of Insurance Company to the tune of Rs. 50,000.00 . Owner and driver of the truck left aggrieved and filed the appeal which was listed as FAO No. 261/79. The same has already been dismissed. In that appeal cross objections were filed which are under consideration now.

(3.) Occurrence of the accident is not indispute. This incident occured because of the rash and negligent driving of the truck by the truck driver. Decision of the Tribunal on this point has not been upset so far rather from the dismissing of the appeal filed by the driver and the owner of the truck confirms that S. Gurcharan Singh died because of the rash and negligent driving of the truck by the driver. Hence the driver and the owner of the truck have rightly been held guilty for negligence and liable to pay compensation. The said truck was insured with M/s. National Insurance Company (hereinafter referred to as Insurance Company).