SUDESH Vs. PARAMJIT SINGH

JUDGEMENT

(1.) This appeal is filed by the claimants against the award of the Motor Accidents Claims Tribunal, Karnal (hereinafter referred to as 'the Tribunal') seeking enhancement of the award. The claim petition was filed in connection with the death of Parshotam Lal. Appellant No. 1 is the widow of Parshotam Lal whereas appellant No. 2 is his minor son. According to appellants the deceased was travelling in car No. HYK 6788 from Karnal to Panipat along with Darshan Singh and Subhash. The car was being driven by Kanshi Ram. One Lala Ram boarded this car at the bus stand of Babarpur Mandi. Darshan Singh and Subhash were sitting on the front seat whereas the deceased Parshotam Lal and Lala Ram were sitting on the back seat of the car. It is the further case of the claimants that the car was being driven on the left side of the road and at about 11.00 p.m. when the car reached in the area of village Faridpur, a truck bearing No. PBV 3393 (being driven by respondent No. 2 and owned by respondent No. 1) came from the opposite side at a very fast speed and struck against the car and as a result of this accident Parshotam Lal died at the spot.

(2.) It is the further case of the claimants that the deceased was also working as a driver and was earning Rs. 750 per month and he was also earning Rs. 1,000 from his agricultural work. Thus, monthly income of the deceased was stated to be Rs. 1,750. The claimants claimed Rs. 3,00,000 as compensation.

(3.) Respondent Nos. 1 and 2, in their joint written statement took up a stand that the accident was caused on account of rash and negligent driving of the car by its driver and, therefore, they are not liable for any amount of compensation. Respondent No. 3, Oriental Insurance Co. Ltd. took the stand that this claim petition was not maintainable and that it was bad for misjoinder and non-joinder of necessary parties. They have also pleaded estoppel and the contravention of the terms of the insurance policy. The insurance of the truck in question by respondent No. 3 was of course admitted. The Tribunal held that the accident was caused because of the rash and negligent driving of both the drivers of the vehicles, i.e., car and truck and allowed Rs. 38,400 as compensation. This appeal is filed for enhancement of the compensation as stated above.