NEW INDIA ASSURANCE CO LTD Vs. RAM KRISHNA

JUDGEMENT

(1.) THIS appeal has been filed by the insurance company against the award dated 24. 8. 1994 of the Motor Accidents Claims Tribunal, Sagar, passed in M. A. C. Case No. 55 of 1992.

(2.) THE respondent No. 1, Ram Krishna, son of Durga Prasad Yadav filed an application under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs. 13,00,000/- on account of the death of his son Vinod Kumar in an accident caused by truck No. CPV 424 driven by the respondent No. 3 and of the ownership of the respondent No. 2, Shyam Lal. The appellant insurance company was impleaded as non-applicant No. 3 on the ground that the said truck had been insured by the company, under the policy of insurance.

(3.) THE case of the claimant was that while his son Vinod Kumar was going on a scooter, on seeing that a truck No. CPV 424 was approaching from the opposite direction at an excessive speed, he stopped his scooter on the side of the road but even then, on account of rash and negligent driving of the truck driver, the truck collided with the scooter resulting in the death of Vinod Kumar. Vinod Kumar was earning, from the repairs of various electrical and electronics items, a sum of Rs. 2,000/- per month.