RAJ CHOPRA Vs. S SANGARA SINGH

JUDGEMENT

(1.) In an accident between a car (UPD-6196) coming from Pinjore to Chandigarh and a truck (PUP 1817) proceeding in the opposite direction, Shri Manohar Lal Chopra, Project Officer, Haryana Tourism Corporation, who was travelling in the car, received serious injuries to which he later succumbed on being brought to the hospital. This accident took place at about midnight on the night intervening May 28/29, 1975.

(2.) A claim for compensation was put-forth by the widow and the six children of Shri Manohar Lal Chopra, deceased, against both the car driver as also the truck driver and their respective owners and Insurance Company, with which the vehicles had been insured. It was the finding of the Tribunal that the accident here had been caused by the negligence of both the car driver as also the truck driver. A sum of Rs. 30,110/- was awarded to the claimants as compensation with both the car driver, owner and Insurance Company as also the truck driver, owner and Insurance Company being held jointly and severally liable for the payment thereof.

(3.) Enhancement of the amount awarded as compensation is the claim put-forth in appeal by the claimants; while the other matter which arises for determination in this appeal is with regard to the liability of the Insurance Company with which the car stood insured on the date of the accident.