NEW INDIA ASSURANCE CO LTD Vs. RANI

JUDGEMENT

(1.) This appeal filed by the New India Assurance Co. Ltd. has been directed against the award dated 27.5.99, passed by the M.A.C.T., Patiala, who allowed the claim petition of Rani (widow) and Nasib Khan (minor son) of Bhup Din, and awarded compensation to the tune of Rs. 2,00,000 along with interest at the rate of 12 per cent from the date of filing of the claim petition against the present appellant and respondent Nos. 3 and 4, i.e., the driver and owner of the offending vehicle, respectively, jointly and severally.

(2.) The brief facts of the case are that in this case Bhup Din expired. He was a siri with Sukhdev Singh. The accident took place on 21.2.1996 when the deceased was bringing woods in a rickshaw rehri, which was being plied by him for his employer as there was a marriage in the family of the employer. Mohinder Khan, father of the deceased, was following him on foot. When the deceased along with the rickshaw rehri reached near the shop/workshop of Raju at 8/8.30 a.m., on the main road at Balbehra, a truck bearing registration No. PB 11-1189 being driven by Joginder Singh came at a very high speed and struck against the rickshaw rehri being pulled by the deceased and as a result of the impact, the deceased fell down on the road and died at the spot. The driver of the truck fled away from the spot along with the truck. Mohinder Khan, father of the deceased, after leaving the deceased under the supervision of Rashid Khan, approached the police along with Amrik Singh, Panch. Post-mortem on the body of the deceased was conducted by Dr. Harish Tuli, Assistant Professor, Medical College, Rajindra Hospital, Patiala and as per the report, the cause of death was shock and haemorrhage due to the injuries and the injuries were found to be ante-mortem in nature and sufficient to cause death in the ordinary course of nature. The claimants claimed compensation to the tune of Rs. 6,00,000. As per the claimants, the accident took place on account of negligence of Joginder Singh and the present appellant, owner and driver of the offending truck, are responsible jointly and severally to pay the compensation.

(3.) Notice of the claim petition was given to the respondents of the claim petition. The stand taken up by the insurance company was that the driver of the offending truck was not having a valid driving licence, therefore, the insurance company is not liable to pay the compensation to the claimants. The claimants can claim the compensation only from the owner or the driver as there is a breach committed by the owner of the truck.