VANGUARD INSURANCE COMPANY LIMITED Vs. ROHINI BHAN

JUDGEMENT

(1.) This judgment will dispose of Civil Revisions Nos. 458-D and 459-D of 1961.

(2.) The revisions arise out of an application filed on July 15, 1959, before the Motor Accidents Claims Tribunal, by Shrimati Robini Bhan widow of J. N. Bhan against Ranjit Surendra Goods Carrier Pvt. Limited Respondent No. 1, Gaja Singh, truck driver, Respondent No. 2 and Vanguard Insurance Company, Limited, Respondent No. 3. According to the allegations of Shrimati Rohini Bhan, her husband J. N. Bhan while driving a scooter on April 30, 1959, was knocked down by truck No. DLD-5628 belonging to Ranjit Surendra Goods Carrier Pvt. Ltd. Gaja Singh was the driver of the truck at that time. It is alleged that Gaja Singh was an employee of Ranjit Surendra Goods Carrier Pvt. Ltd., and the accident occurred during the course of his employment. It is further stated that the above accident was due to reckless, rash and negligent driving of the truck by Gaja Singh. J. N. Bhan died as a result of the injuries received by him on May 8, 1959. Vanguard Insurance Company Ltd. was stated to be liable to pay compensation and damages to Shrimati Rohini Bhan because the truck was insured with that company. A claim of Rs. 50,000.00 was accordingly made by Shrimati Rohini Bhan.

(3.) Written statements were filed on behalf of all the three respondents and they contested the application. The following issues were framed in the case :