INDER SINGH Vs. RAM NIWAS

JUDGEMENT

(1.) THIS appeal has been filed by Inder Singh and Joginder Singh through their guardian and next friend, Maman Singh, being minor sons of Shri Hawa Singh, who was killed in an accident on 26.4.1983, involving his motor-cycle bearing No. HRD-3381 being driven by Hawa Singh, (deceased) and truck bearing No. HYC-6250 driven by Ram Niwas, respondent No. 1, belonging to Des Raj, respondent No. 2 and insured with the New India Assurance Company Limited, Karnal, respondent No. 3.

(2.) AS per the facts of the case, Hawa Singh was driving the motor-cycle while Abhe Ram was sitting on the pillion, when at about 8.05 P.M., the truck came from the rear and hit the motorcycle and as a result, Abhe Ram and Hawa Singh fell on the ground. The wheels of the truck passed over the legs of Hawa Singh, as a result of which, he received serious injuries on various parts of his body. He was shifted to the Primary Health Centre, Samalkha where he was given first aid and then to the Civil Hospital, Panipat, where he succumbed to his injuries.

(3.) THE respondents controverted the averments made in the claim petition and pleaded that the accident had not happened on account of the rash and negligent driving by Ram Niwas, respondent No. 1, and that in any case, the compensation claimed was highly inflated. The respondent Insurance Company also pleaded that in any case, as per the policy of insurance, the liability of the Company was limited to the extent of Rs. 50,000/- only.