ORIENTAL FIRE AND GENERAL Vs. BHAJAN KAUR

JUDGEMENT

(1.) THE challenge in appeal here is the order of the Tribunal fastening liability upon the Oriental Fire and General Insurance Company Ltd. for payment of Rs. 30,000/- awarded as compensation to the widow and five children of Joginder Singh deceased, who was killed when his car met with an accident with the truck HRA 7240. This happened on May, 9 1976. The impugned award against the Insurance Company cannot indeed be sustained.

(2.) THE insured in respect of the truck involved in the accident, according to the policy of insurance Exhibit R.1, were M/s Raj Transport Company, who were not even impleaded as a party to these proceedings. The Insurance Company could have been called upon to pay compensation in this case only if the insured, that is, M/s Raj Transport Company had been held liable This was not the case here and Tribunal thus fell in error in holding the Insurance Company liable.

(3.) MR . Lakhinder Singh, counsel for the claimants, in an endeavour to hold the Insurance Company liable sought to refer to the statement of respondent jasbir Singh recorded by the Tribunal on October 14, 1977, to the effect that he was the Managing-Partner of M/s Raj Transport Company. This statement was made by respondent Jashbir Singh in Support of his application for setting aside the ex-parte award made against him. This was a statement made before the Oriental Fire and General Insurance Company had been impleaded as a party and there was, therefore, no occasion for this statement to be challenged in cross-examination by it. At any rate, as has been mentioned earlier, no evidence was led by Jashbir Singh and there could, therefore, be no question of any liability of the Insurance Company arising in this case. It must accordingly be held that the Insurance Company Could not be held liable for payment of compensation in this case.