PURNIMA VINDAL Vs. CHATAR MAL

JUDGEMENT

(1.) THE claim for compensation here arises from the death of Chander Mani Vindal, who was killed when she was travelling in car which was involved in accident with an oil tanker This happened on July 11, 1972, at about 11.30 a.m. on the Grand Truck Road between Panipat and Delhi.

(2.) IT was the finding of the Tribunal that the accident had been caused by the rash and negligent driving of the oil tanker. The Tribunal, however, declined to award any compensation to the claimants, they being the husband and the two daughters of the deceased, on the ground that the amount already paid to them under the policy of insurance taken out by the deceased was in excess of the amount computed as compensation which would otherwise have been payable to them in these proceedings.

(3.) THE stand of Mr. Lalit Mohan Suri, counsel for the Insurance Company, on the other hand, was that the claimants had failed to establish the loss, if any, suffered by them on account of the death of the deceased and consequently no amount could be awarded to them as compensation.