HAR KAUR Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THE controversy here is with regard to the liability of the respondent insurance company for payment of compensation awarded to the claimants.

(2.) ON 10. 9. 1983 a truck HRH 7256 travelling from Sirsa to Delhi was involved in an accident with another truck HRN 6137 coming from the opposite direction. Kala Singh and his son Teju, who were travelling in the truck HRH 7256, were killed as also their six buffaloes and calves which were being transported in this truck. On this truck there was another buffalo and calf too. These belonged to the owner of the truck, Krishna Wanti. They too died a couple of days later on account of the injuries sustained in this accident.

(3.) IT was the finding of the learned single Judge [reported in 1991 ACJ 36 (Pandh)] that the accident was caused entirely due to the negligence of Subhash, the driver of the truck HRH 7256. A sum of Rs. 1,50,000/- was awarded as compensation to Bimlesh, the widow of Teju and their two minor children while Har Kaur, the widow of Kala Singh, was awarded Rs. 1,20,000/and another Rs. 24,000/- on account of the loss of the six buffaloes.