ORIENTAL INSURANCE COLTD Vs. ROSHNI DEVI

JUDGEMENT

(1.) Challenge in this appeal is to the Award dated 17.02.1994 passed by Shri Surinder Sarup, Motor Accident Claims Tribunal, Karnal, vide which claim petition preferred by the claimants was accepted and the respondents, including the Insurance Company, were held liable to pay the amount of compensation.

(2.) Briefly stated, Roshni Devi-widow, Surinder Kumar, Joginder Singh and Vajender Singh filed claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of death of Sewa Singh @ Sewa Ram in a motor vehicular accident.

(3.) The case of the claimants is that on 13.08.1992 at about 11:00 P.M the deceased loaded his chicken in four-wheeler bearing registration No. HR-05-9215 from Kutail and started for Delhi for supplying the chicken there. Subhash-respondent No.1 was driving the four-wheeler, whereas deceased was sitting in front seat of the four-wheeler. Narinder Kumar son of Om Parkash resident of Kutail-cleaner was also sitting in the fourwheeler. When they reached in the area of Bastara, the said fourwheeler struck against the truck which was parked there. The accident has taken place due to rash and negligent driving of the four-wheeler by respondent No.1 as he could not control the vehicle and struck against the truck.