UNITED INDIA INSURANCE CO LTD Vs. ASHA RANI

JUDGEMENT

(1.) The present appeal has been preferred by United India Insurance Co. Ltd., hereinafter described as 'the appellant', directed against the award of the Motor Accidents Claims Tribunal, Faridkot, dated 4.1.1986. By virtue of the impugned award, the learned Tribunal awarded compensation of Rs. 67,200 to the claimants Asha Rani and others with a direction that out of this amount, Parkash Wati, sister of the deceased who is a widow and was dependent on the deceased will get Rs. 12,000 and the remaining amount shall be paid to the other claimants in equal shares. The liability of the insurance company was limited to Rs. 50,000. Interest was awarded at 12 per cent per annum on the amount of compensation from the date of filing of the petition.

(2.) The relevant facts alleged by the claimants are that on 14.8.85 Resham Lal went to Ganesh Cotton Factory, Malout. He had gone there to get the truck loaded. Dara Singh had taken truck bearing No. RSC 2595 to Ganesh Cotton Factory for loading the same. The deceased Resham Lal did not return. It is alleged that Resham Lal was sleeping and Dara Singh drove the truck in a rash and negligent manner. The left wheel of the truck crushed Resham Lal who died at the spot. The claimants asserted that they were dependent upon the deceased who was earning Rs. 800 per month and was of 32 years of age. The claim was lodged for Rs. 3,00,000.

(3.) The application as such was contested. It was denied that there was any rash or negligent driving. So far as appellant was concerned, it also took up the plea that the accident, if any, took place not at a public place and, therefore, no compensation was liable to be paid.