KELA DEVI Vs. DELHI KASHMIR GOODS TRANSPORT COMPANY

JUDGEMENT

(1.) This is an appeal filed by mother, father and the grandmother of the deceased Udai Singh for enhancement of compensation. The claimants had claimed Rs. 40,000.00 but the Tribunal had awarded Rs. 8.740.00 towards compensation.

(2.) Udai Singh died in an accident caused by truck No. DIG 4785. The fact of the accident or the negligence of the truck driver resulting into death of Udai Singh is not challenged in this appeal.

(3.) There is a cross-appeal filed by the insurance company, originally M/s. Northern India General Ins. Co. Ltd., now New India Assurance Co. Ltd. It is contended in the cross-appeal that on the date of accident, namely, 7.3.1965 the vehicle was already sold by the original owners M/s. Delhi Kashmir Goods Transport Company to one Purshottam Singh. The policy had, therefore, come to an end. It is further stated that the sale took place on 2.1.1964. The policy in this case was taken out on 3.2.1965 by M/s. Delhi Kashmir Goods Transport Company (P) Ltd. and was valid upto 2.8.1965. On these facts, it is submitted that the insurance company is not liable to pay any compensation in this case. I am taken through the evidence of M/s. Delhi Kashmir Goods Transport Company (P) Ltd. as also of Purshottam Singh, the alleged seller and purchaser of the vehicle in question. It is impossible to believe the version of M/s. Delhi Kashmir Goods Transport Company (P) Ltd. for the simple reason that a transport company, when they have already sold the vehicle more than a year back, would not again take an insurance policy in their own name. This plea is not truthful and is, therefore, rejected. This inference is also supported by the amended written statement filed by Purshottam Singh, which was allowed by the Tribunal. The appeal of the insurance company (F.A.O. No. 41 of 1975) is, therefore, dismissed. It is held that the insurance company is liable to make the payment of compensation for the accident caused by M/s. Delhi Kashmir Goods Transport Company (P) Ltd. as they were the owners of the vehicle at the time of accident.