SURMUKH SINGH Vs. NEW INDIA ASSURANCE COMPANY

JUDGEMENT

(1.) The appellants, being owner and driver of the offending vehicle, have filed this appeal against the award dated 22.01.2008 passed by the Motor Accident Claims Tribunal, Ropar (hereinafter referred to as 'the Tribunal'), whereby, recovery rights were given to respondent No.1-Insurance Company to recover the awarded amount from them with a direction to the Insurance Company to satisfy the award at the first instance.

(2.) Briefly stated the facts of the present case are that on 30.03.1998, deceased-Kala Ram along with Satpal and others was coming from the side of Nangal toward Anandpur Sahib, on their left side. At about 4:00 A.M., when they reached in the area of village Dher on Nangal-Ropar road, in the meantime, a Tempo bearing registration No.PB-23-9286, which was driven by appellant No.2-Harpreet Singh in a rash and negligent manner, came from behind and it firstly hit against a Kikkar tree and then turned turtle upon the deceased, as a result of which, the deceased and other persons received multiple injuries. They were taken to B.B.M.B Hospital, Nangal, from where, the deceased was referred to P.G.I, Chandigarh, where he succumbed to his injuries on 05.05.1998. Claimants, being the mother and brother of the deceased, spent more then Rs.1,00,000/- on his treatment. The deceased was aged about 20 years and was labourer by profession and he used to earn Rs.5,000/- per month. The offending vehicle was owned by appellant No.1- Surmukh Singh and was insured with respondent No.1-New India Assurance Company Limited. The claimants/respondent Nos.2 and 3 sought compensation worth Rs.10 lac under Section 166 of the Motor Vehicles Act, on account of death of Kala Ram, in the aforesaid accident.

(3.) The claim petition was contested by the appellants as well as by the Insurance Company. In their joint written statement, respondent Nos.1 and 2 (appellants herein) denied the factum of the accident and they prayed for dismissal of the claim petition.