NATIONAL INSURANCE CO LTD Vs. SURJEET KAUR

JUDGEMENT

(1.) This appear filed by National Insurance Co. Ltd. has been directed against the award dated 24.7.1999, passed by the M.A.C.T., Patiala, who allowed the claim petition of Surjeet Kaur and others under section 166 of the Motor Vehicles Act, vide which the Tribunal in para 11 of the award held that the compensation which was awarded to the claimants vide award dated 21.5.1992 was just and fair compensation and there is no necessity to interfere in the same. Meaning thereby that the award dated 21.5.92 was affirmed. Vide the impugned order dated 24.7.1999, the finding is also to the effect that the insurance company is liable to the full extent and as such, the Tribunal also directed it to pay to the claimants the awarded amount along with interest up to date and Rs. 5,000 as costs.

(2.) The brief facts of the case are that Surjeet Kaur and others filed a claim petition under section 166 of Motor Vehicles Act against Sardara Singh (owner), Gurdev Singh (driver) and National Insurance Co. Ltd. and claimed compensation by alleging that the deceased Gurpal Singh, aged 45 years, was a school teacher and he was also a dairy owner. He died on 13.6.1990 at 2 p.m. when he was returning to his village on Hero Majestic moped No. CHP 4688 and was knocked down by the truck No. PAT 8380. The claim petition was originally filed against Sardara Singh (owner) and Gurdev Singh (driver). At that time, the insurance company was not impleaded. Notice was issued to the respondents but they were proceeded ex pane on 1.4.1992 and 22.2.1992 respectively. Thereafter, ex parte evidence was recorded and the Tribunal was pleased to pass an award on 21.5.1992 awarding a sum of Rs. 1,80,000 to the claimants along with interest at the rate of 12 per cent from the date of filing of the application till payment. Thereafter, the claimants filed an execution application on 25.11.1995. Mr. B.B. Gupta, Advocate, gave the appearance on behalf of National Insurance Co. Ltd. and filed the objection petition against the award.

(3.) On 26.5.1997, the Tribunal decided the objections and held that liability of the insurer arising under the award shall be adjudicated on merits, after hearing both the parties. Resultantly, the objection petition of the company was accepted to the extent indicated above. Thereafter, written statement of the company was taken on record and vide order dated 4.8.1997, the following issues were framed: