SHEO KUMARI Vs. RAJ BAHADUR SINGH

JUDGEMENT

(1.) THIS is an appeal filed under Section 110-D of the Motor Vehicles Act. The facts giving rise to the present appeal are as follows:

(2.) ONE Debi Prasad died in motor accident on 26th June 1982 by a Truck No. USM 6273. The widow and the children of Debi Prasad. who are the appellants before this Court, filed a claim petition No. 11 of 1983 before the Motor Accident Claims Tribunal. In this claim petition, the matter was compromised between the parties and it was stipulated that Rs. 5,000/-will be paid by the owner of the truck, who is respondent No. 1, Shee Raj Bahadur Singh and if the owner produces papers in regard to the insurance of the truck in question, the New India Insurance Company Limited will be liable to pay Rs. 20,000/-, who is respondent No. 3. Ineffect, by the Compromise, the claimants were to get a sum of Rs. 25,000/-.

(3.) THE compromise has been attached as Annexure I to the affidavit of Sheo Kumari. On a reading of the same, as a whole, it is apparent that the matter was compromised on the condition that Rs. 25,000/- will be paid to the claimants. Rs. 5,000/- will be paid by the motor owner and the balance will be paid by the Insurance Company only if the insurance papers k are/produced by the motor owner, otherwise the motor owner will be liable to pay the amount.