NEW INDIA ASSURANCE COMPANY LIMITED Vs. DALIP SINGH

JUDGEMENT

(1.) Dalip Singh, was the driver of truck No. RSE 6381, which was involved in an accident with another vehicle, whose identity could not be ascertained, at about 11.30 p.m. on 29.3.1990. He accordingly filed a claim petition for grant of compensation on account of injuries suffered by him, including loss of income as well as money spent on his medical treatment. The owner of the truck, Hira Lai Saini, respondent No. 2, did not contest the claim. The insurance company, however, pleaded that it was not liable to pay any amount and raised several pleas in this regard including the plea that as the claimant himself was the driver of the truck, no claim for compensation lay under Motor Vehicles Act and the claim ought to have been made under the Workmens Compensation Act.

(2.) On the pleadings of the parties, the following issues were framed:

(3.) Under issue No. 2, the Tribunal held that as per provisions of section 140 of the Motor Vehicles Act, 1988 (hereinafter for short the Act) the claimant was entitled to the payment of Rs. 15,000 by way of no fault liability. The Tribunal also held that the claimant was entitled to compensation for the injuries sustained by him as per the Schedule given in the Act and as the disability suffered by him was to the extent of 50 per cent only, the amount of compensation as worked out under section 4 of Workmens Compensation Act, was payable. The Tribunal further observed that a sum of Rs. 50,000 spent by claimant towards his medical expenses was to be reimbursed to him and accordingly made an award of Rs. 1,18,820 along with interest in his favour. The present appeal has been filed by the insurance company, whereas the cross-objections have been preferred by the claimant.