RAM DUTT KAUSHIK Vs. ROSHAN

JUDGEMENT

(1.) The owner of the offending vehicles has filed the present appeal against the judgment dated 24.9.97 passed by the Motor Accidents Claims Tribunal, Kaithal (for short, 'the Tribunal') by which the owner and driver were held liable to pay compensation of Rs. 30,000 along with interest to the claimants who are legal representatives of deceased Soran.

(2.) On 2.5.1993, Soran and Rameshwar, son of Bhartu were going from village Ramana Ramani to village Bakal in District Kaithal to do labour work in the fields. A truck bearing registration No. HNQ 536 came from behind and struck against Soran who was walking on the kacha berm of the road. As a result of the accident, Soran suffered multiple injuries on the head and died on the spot. He was 55 years of age at the time of his death and in the claim petition it was stated that he was earning Rs. 1,500 per month as a labourer. Tribunal found that the accident took place because of rash and negligent driving of the driver of the truck, namely, Bhim Singh. The Tribunal also found that the deceased was contributing a sum of Rs. 500 towards his family and on this basis, by applying a multiplier of 5, awarded a total compensation of Rs, 30,000 along with interest from the date of the petition till realisation.

(3.) The finding with regard to the accident having taken place on account of rash and negligent driving of the truck by Bhim Singh as well as quantum of compensation has not been challenged in this appeal. The only challenge by the owner is that as the vehicle was duly insured, therefore, it was the insurance company which was liable to indemnify the respondent.