NATIONAL INSURANCE COMPANY LIMITED Vs. KUNDAN SINGH

JUDGEMENT

(1.) THE controversy in appeal here is with regard to the liability of the National Insurance Co. Ltd. for payment of Rs. 36,000, awarded as compensation to the claimants, they being the widow and children of Devi Dass, deceased, who was killed in an accident with truck, PND 1563. This accident occurred on October 3, 1975.

(2.) THE truck involved in the accident, namely, PND 1563, was admittedly owned by Messrs. Charanjit Singh Gulzar Singh. One Madan Lal admitted in the written statement filed by him that he was the owner of the truck and that he had purchased it from Messrs. Charanjit Singh Gulzar Singh. RW. 2, Kundan Singh, the driver of the truck, deposed that he was the driver of the truck, PND 1563, and was an employee of Madan Lal.

(3.) RELYING upon this evidence, Mr. Munishwar Puri, counsel for the appellant, contended that as the truck was owned by Madan Lal and he was not the insured in respect thereof, no liability for the compensation awarded could be fastened upon the insurance company.