KRISHAN LAL Vs. NARINDER JEET KAUR

JUDGEMENT

(1.) On 22nd October, 1979, an accident took place between truck No. PUH 2682 and Car No. CH 1995. Gian Singh was travelling in the car, who as a result of the accident died. The photographs of the damaged car on the record go to show that it was head on collision of the two vehicles coming from the opposite direction in which the car was totally smashed and, it was difficult for an. occupant of the car to survive. The widow, children and the mother of Gian Singh filed claim petition before the Motor Accident claims Tribunal, which was contested by the owner of the truck as also by M/s New India Assurance Co. Ltd., with whom the truck was insured.

(2.) On the contest of the parties, the matter came up for consideration before the Motor Accidents Claims Tribunal as to "whether the driver of the truck was negligent or the driver of the car and in case it was found that the driver of the truck was negligent, what compensation was payable and by whom."

(3.) After evidence was led the Motor Accident Claims Tribunal by an elaborate award dated 2nd December 1982 came to the conclusion that it was the driver of the truck who was negligent in driving the same, as a result of which it truck the car coming from the opposite direction. As regards the quantum of compensation, it came to the conclusion that the legal representatives were entitled to Rupees 360,000/-. It was found that the deceased was providing Rupees 2,000/- per month to his family members and applied the multiplier of 15 years and in this manner the compensation of Rs 3,60,000 was awarded. As regards the liability, it was held that the Insurance Company was liable to Day Rupees 150,000/- as under the policy the insured had paid additional premium for the enhanced liability of the company. For the balance amount liability was fixed of the owner and driver of the truck jointly and severally. 10, r interest per annum was also allowed on the amount of compensation from the date of filing the petition till realization.