SUKHDEV SINGH Vs. GURDEV KAUR

JUDGEMENT

(1.) THIS appeal is filed by the owner of Truck No. RNE 5967 and its driver, who were held liable to pay compensation amount of Rs. 2,88,000/- to the claimants aloagwith interest at the rate of 12% by the Motor Accident Claims Tribunal, Ludhiana. The liability of the Insurance Company was limited to the extent of Rs. 1,50,000/ -. The appellants have taken the plea that their truck bearing No. RNE 5967 was not involved in the accident and the multiplier has been wrongly applied.

(2.) THE facts of the case are that Smt. Gurdev Kaur widow of Nirmal Singh deceased, her four minor children and Dhanna Singh alias Dhian Singh, father of the deceased Nirmal Singh filed claim petition under Section 166 of the Motor Vehicles Act claiming 4 lacs as compensation on account of the death of Nirmal Singh. Nirmal Singh was employed as truck driver on truck No. PCJ-5143 owned by Pritarm Singh S/o Amar Singh of village Raipur, on a monthly salary of Rs. 1800/- and the claimants were the dependents of the deceased at the time of his death. They pleaded that on 28. 6. 1989 at about 9 P. M. Nirmal Singh alongwith Conductor Ganga Singh of Truck No. PCJ-5143 were on their way from Sahnewal to Dehlon after loading tyres and tubes. When the truck reached at distance of 4 kilometers from village Sahnewal, ropes of the truck were loosened. Nirmal Singh stopped the truck on the extreme left side of the road with rear lights on. In the meantime, truck No. RNE 5967 driven by Rattan Singh owned by Sukhdev Singh appellant came at a very fast speed from the side of Sahnewal and struck against the backside of truck No PCJ 5143 and in the process Nirmal Singh received multiple injuries and fell down on the ground. He was removed to Civil Hospital, Dehlon. But he died on the way as a result of injuries suffered in the accident. The injuries suffered by Nirmal Singh were grievous and were caused due to rash and negligent driving of truck by Rattan Singh. Case F. I. R. No. 228 dated 29. 6. 1989 was registered in Police Station Sadar Ludhiana under Section 279/304-A, Indian Penal Code. The offending truck was insured with New India Assitrance Company respondent appellant. As such, according to the claimants Rattan Singh driver, Sukhdev Singh owner and New India Assurance Company-insurer, of truck No. RNE-5967 were all liable to pay compensation.

(3.) THE claim was contested by the respondents-appellants. The Insurance Company had taken the plea that truck No. RNE 5967 was insured but not comprehensively. As such, the liability of the Insurance Company was limited to the extent of one lac fifty thousand only