RAJ DULARI Vs. JASWANT SINGH

JUDGEMENT

(1.) Heard counsel for the parties. This present appeal is filed against the award dated 10.9.1998 passed by Motor Accident Claims Tribunal (the Tribunal for short), Ludhiana, whereby compensation of Rs. 13,000/- was granted to the appellants on account of death of Satish Kumar. They have come up in appeal for enhancement of the amount.

(2.) The brief facts of the case are that on 7.2.1997, Sunit Rani, Kailash Rani and Rita alias Rano, residents of Chaudhary Colony, Moti Nagar, Ludhiana, were present at Cheema Chowk on the auto stand. They were talking with Satish Kumar, who was sitting in three-wheeler bearing No. PB-08M-9609. One Ranjit Singh was also present there with his three-wheeler No. PIL-3497. A truck bearing No. PAT-5992 came from the side of Dholewal over-bridge, which was being driven in a rash and negligent manner. Ranjit Singh, on seeing the truck coming towards him, immediately jumped aside. Rita also ran to save herself. The truck rammed into three-wheeler No. PIL-3497 and then struck the other three-wheeler as well. Satish Kumar and Sunita Rani, who were standing there, were crushed and died at the spot. The truck was being driven by Jaswant Singh-respondent No. 1, who fled from the spot. Ranjit Singh lodged a complaint with the police. Satish Kumar was stated to be 22 years old having an income of Rs. 7500/- per month.

(3.) Respondents No. 1 and 2, being the driver and owner of the offending vehicle, filed a joint reply denying the accident as also the age and income of the deceased. Respondent No. 3, with whom the vehicle was insured, filed a separate reply alleging that the Company was not liable in any manner as the truck was being driven in violation of the terms and conditions of the insurance policy. It was also stated that the insurers of three-wheelers were necessary parties. It was specifically pleaded that the driver of the truck was not having a valid driving licence and as such the insurer was not liable.