TILAK RAJ Vs. RACHHPAL SINGH

JUDGEMENT

(1.) THIS is owner's appeal directed against the Award of the Motor Accidents Claims tribunal (for short the Tribunal) whereby compensation of Rs. 66,000/- was awarded to Rachhpal Singh (respondent No. 1 herein) on account of the damage to his truck.

(2.) RACHHPAL Singh claimant filed an application against the owner of Truck No. PAT 4730 before the Tribunal as well as against the Insurance Company. In the application, it was stated that I 20-10-1989, Truck No. PUG 6916 was being driven at a normal speed on the left side of the road when the offending Truck No 4730 struck against it. As a result of the accident, one of the persons, namely Gurdip Singh alias Kali Dass died on the 'spot and the other labourers also received injuries. In the claim petition, it was claimed that the claimant is entitled to Rs. 79,680/towards the price of new parts; Rs. 4,875/- towards repair expenses; Rs. 2,000/- Awards salvage charges and Rs. 20,000/- towards loss due to non use of the truck.

(3.) THE Tribunal found that the accident took place as a result of negligent driving of truck No. PAT-4730. Tribunal also found that the truck was damaged and, therefore, after giving concession of 25% towards depreciation, a total sum of Rs. 66, 000/- was awarded. However, no amount was awarded for loss on account of non-use of the truck. A sum of Rs. 66,000/- was held to be payable by the respondents and the liability of the Insurance Company was restricted to Rs. 6,000/- only. This order is being impugned here in the appeal.