ORIENTAL FIRE AND GENERAL Vs. BALDEV SINGH

JUDGEMENT

(1.) THIS is an appeal by the Insurance Company seeking to challenge the award of the Tribunal on grounds which it is now well settled are not open to it, namely, the findings on the issue of negligence and quantum of compensation payable to the claimants. It was held by the Supreme Court as far back in 1959 in British India General Insurance Co. Ltd. v. Captain Itbar Singh and Ors. the only defences open to the Insurance Company are those as mentioned in Section 96(2) of the Motor Vehicles Act. This cannot, however, suffice to dispose of the appeal as cross-objections filed by the claimants deserve consideration.

(2.) THE facts relevant to this matter are that on October 31, 1974 Chanan Singh, deceased, was run over and killed by a truck JKN-8165. This happened on the Jalandhar-Pathankot Road, when the deceased was travelling thereon on his cycle. The truck had come from behind and hit into him.

(3.) THE claim put forth by the claimants in the cross-objections filed by them was for enhancement of compensation.