NEW INDIA ASSURANCE CO LTD Vs. BALJIT SINGH

JUDGEMENT

(1.) This is writ petition under Article 226 of the Constitution by the New India Assurance Co. Ltd. against the order of the Motor Accident Claim Tribunal -Addl. District Judge, Meerut in Review Application, arising out of Motor Accident Claim Petition.

(2.) Shorn of unnecessary details the brief facts giving rise to the present petition are that on 29/30 June, 1993 at about 12 o'clock (night) an accident took place in which one Jarif was seriously injured by the Truck NO. DEL 876 owned by respondent no.1 herein and later on he succumbed to his injuries. On 30.6.93 the respondent no.1 herein Baljeet Singh got the aforesaid vehicle insured with the petitioner, New India Assurance Co. Ltd.

(3.) The father and the wife of the deceased jointly filed a Claim Petition under section 166 of the Motor Vehicles Act, 1988 for grant of compensation of Rs. 6 Lacs. Their case was that the deceased Jarif was a Mechanic of Buggi and tyres and he was also doing the business of Dairy earning Rs. 2,500/- per month. He left behind his wife Ruksana, father Saddik and mother Johra.