NATIONAL INSURANCE CO LIMITED Vs. RAVINDER GOYAL

JUDGEMENT

(1.) NATIONAL Insurance Company Ltd. aggrieved against the award of the Motor Accidents Claims Tribunal, Karnal (hereinafter the 'tribunal') dated March 9, 1987 has come up in appeal to this Court.

(2.) THIS appeal came up for motion hearing on June 14, 1987 and the Bench passed the following order : "admitted D. B Execution against the appellant is stayed meanwhile. " It is how this appeal has been placed before us for disposal.

(3.) THE claimant, Ravinder Goyal, was travelling as an owner of the oil canisters loaded in the four-wheeler Tempo No. HYL-187 being driven by respondent-Harish Kumar son of Sultan Khatri. On December 9, 1985 at about 6. 00 p. m. , canisters of oil were loaded in that tempo from Gur Mandi, Karnal for being transported to Chandigarh. The Tempo was owned by respondent -Mohinder Singh and was insured with the appellant. Besides, the Tempo driver, tempo cleaner Kala and the owner of the cargo Ravinder Goyal were travelling in that tempo. The tempo left Karnal at 10. 00 p. m. on December 9, 1985 for Chandigarh. As this tempo reached near Shamgarh on the G. T. Road, another truck was going ahead of it. The truck driver applied breaks to its vehicle suddenly but the tempo driver could not apply brakes to his tempo and since Harish Kumar, driver, was driving the tempo rashly and negligently ; tempo No HYL-J87 banged into the truck moving ahead of it; and as a result of the impact of the accident all the three occupants of the tempo received injuries. They were shifted to Civil Hospital, Karnal. Of them, Kala, tempo cleaner succumbed to his injuries on the following day, Ravinder Goyal, claimant, filed a claim petition before the Tribunal claiming a compensation of Rs. 3,00,000/ -.