NATIONAL INSURANCE CO LTD Vs. GEETA DEVI

JUDGEMENT

(1.) On 2.7.1998 Sukhbir Singh and Raj Kumar were going on a motor cycle. They were hit by a truck. Both were injured. In the case of Raj Kumar, the injuries proved fatal. The widow along with her minor children filed a petition for grant of compensation. A separate petition was filed by Sukhbir Singh for compensation on account of the injuries suffered by him. The Tribunal, after examining the evidence, has found that the accident had occurred on account of rash and negligent driving of the truck. It has further been found that the widow and other members of the family were entitled to compensation of Rs. 2,62,000. In the case of Sukhbir Singh, the amount of compensation was fixed at Rs. 5,000. Aggrieved by the award, the insurer has filed this appeal.

(2.) Ms. Radhika Suri contends that the Tribunal has erred in holding the insurer liable to pay the compensation. In the circumstances of the case, the liability to pay the compensation was that of the owner and driver of the truck.

(3.) A perusal of the award shows that the driving licence was found to be fake. However, the insurer was held liable to pay the compensation to the claimants in view of the decision of their Lordships of the Supreme Court in New India Assurance Co. Ltd. v. Kamla, 2001 ACJ 843 (SC). The Tribunal committed no error in doing so.