BALBIR SINGH Vs. SRI RAM

JUDGEMENT

(1.) This appeal is directed against the award dated 25.08.1998 passed by learned Motor Accident Claims Tribunal, Hoshiarpur, wherein the learned Tribunal had awarded a sum of Rs. 40,000/- as compensation on account of damage caused to the house, in accident. Out of the said amount of compensation, Insurance Company i.e. Respondent No. 3 was to pay Rs. 6000/- while respondent Nos. 1 and 2 was liable to pay the remaining amount to the claimant with costs and interest @ 12% per annum from the date of claim petition till realization of the amount.

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(3.) In brief, the facts of the case are that on the night intervening 11/12.06.1996 Sri Ram (claimant) and Telu Ram his neighbour started talking with each other. Meanwhile, at about 11.30 P.M., they saw truck bearing No. PB-08-2088 coming from the side of Pojewal at a very reckless speed and its driver Balwinder Singh was driving the truck rashly and negligently in a zig-zag manner as a result of which he lost control over the truck and struck with full force against the wall of the residential building and after breaking the wall it entered into the building with the result the roof of the building also collapsed.