ORIENTAL INSURANCE CO LTD Vs. C D MALIK

JUDGEMENT

(1.) THIS judgment of mine world dispose of F. A. O. No. 503 of 1986 filed by the Oriental Insurance Company and the Cross-Objections No. 38-CII of 1987 preferred by the claimants. The brief facts as they emerge out of the pleadings of the parties and the evidence brought on the record of the case are that R. N. Malik, deceased engaged the services of Narinder Kumar, owner of the truck and Yash Pal driver of the truck for carrying out household luggage and goods on account of his transfer from Pathankot to Delhi Cantt. While the truck, No. PUG 7967 was on its way to Delhi, it met with an accident with the Bus No. PUI-5325. The accident took place on 10. 1. 1984 at about 7. 45 A. M. Both the vehicles were alleged to be driven rashly and negligently and on account of the accident R. N. Malik died on the spot. The claimants who are the father, mother, widow and two minor children claimed a compensation to the tune of Rupees five lacs for the loss of the company of the deceased and loss of earning capacity. The deceased was working as a Superintendent (Randr) Grade I in the office of the Chief Engineer, Udhampur and was getting Rs. 1830/- per month as his salary.

(2.) THE avervants made in the application for the grant of compensation were denied. The appellant Insurance Company also contested the claim petition. On the basis of the pleadings of the parties, the Motor Accident Claims Tribunal (hereinafter to be called the Tribunal) struck the following issues ;

(3.) ISSUE No. 1 was decided in favour of the claimants as the same was not passed by the respondents Under issue No. 2, it was held that R. N. Malik, died on account of collision of Bus and the truck and that the truck driver was at fault. Under Issue No. 3, the claimants was held entitled to the grant of Rs. 1,68,768/- alongwith 12 percent interest. Narinier Kumar arid Yash Pal respondents were also held liable jointly and severally to make the payment of compensation amount alongwith the appellant Oriental Insurance Company.