NEW INDIA ASSURANCE CO LTD Vs. SURJIT KAUR

JUDGEMENT

(1.) This is an appeal under Section 110D of the Motor Vehicles Act, 1939, against the award dated February 21, 1977, made by the Motor Accidents Claims Tribunal, Naini Tal (District Judge, Naini Tal).

(2.) The facts giving rise to this appeal are that on August 8, 1974, at 10.30 a.m. on the Haldwani Lal Kaun Road, within the limits of village Durga Bhagwanpur, P.S. Haldwani, an accident took place in which truck No. USI2385 and truck No. USW 619 collided with each other. Truck No. USI 2385 was on its way from Haldwani to Bareilly. Truck No. USW 619 was coming from the opposite direction. Surjit Singh, aged 45 years, was travelling in truck No. USI 2385. As a result of the accident, the door was opened and he was thrown out. Truck No USI 2385 was also upturned. Surjit Singh received severe injuries and died as a result of the same.

(3.) Opposite party No. 1, Manjit Singh, is the owner and opposite party No. 3, Govind Singh, is the driver of the truck No. USI 2385.