LAWS(P&H)-2003-8-8

NEW INDIA ASSURANCE CO LTD Vs. REKHA DEVI

Decided On August 12, 2003
NEW INDIA ASSURANCE CO.LTD. Appellant
V/S
REKHA DEVI Respondents

JUDGEMENT

(1.) This appeal has been preferred against the award of the Motor Accidents Claims Tribunal. In their claim, the respondents alleged that Amar Singh died on account of being hit by a truck No. CH-1N-3710 on 26.9.1995 at 5 p.m. while going on a cycle. Case of the respondents was that the truck was being rashly and negligently driven by Madan Lal. The deceased was 45 years of age at the time of death and he was employed with the Haryana Government at a salary of Rs. 2,772 per month. The vehicle was insured with the appellant insurance company and was owned by Harnek Singh.

(2.) After holding that Amar Singh died as a result of rash and negligent driving by Madan Lal, driver, the Tribunal awarded compensation amounting to Rs. 3,00,700 with interest at the rate of 12 per cent per annum. Hence this appeal.

(3.) The learned counsel for the appellant submitted that the driver was having a fake driving licence and, therefore, the insurance company was not liable to pay compensation. It was submitted that RW 3 Kishan Singh, steno of the office of the District Transport Officer, Amritsar, stated that original licence, Exh. RW 1/1, was not issued from their office.