SUCHA SINGH Vs. SEHTA RAM

JUDGEMENT

(1.) THE controversy raised inf appeal is with regard to the liability of the Insurance Company for the amount awarded as compensation to the claimants.

(2.) THE facts relevant to this matter are that there was an accident between a truck and a Railway Engine at an unmanned railway crossing near Panipat. Two persons travelling in the truck were killed, they being Devi Singh and Pali Ram while two others were injured. This happened on May 26, 1980 at about 7-30 P.M. The truck involved in the accident was DLL 8370.

(3.) IT was the finding of the Tribunal that the accident resulted from the fault and negligence of the truck driver and consequently, the claimants were held to be entitled to and awarded compensation to the extent claimed i.e. Rs. 40,000/- in each case. The driver and owner of the truck were held liable for payment of the amount awarded but not the Insurance Company with which the truck had been insured, as the Tribunal found that the deceased were not in the truck by reason of or in pursuance of a contract of employment. It is this finding that was questioned in appeal.