NEW INDIA ASSURANCE CO LTD Vs. SHANTI DEVI

JUDGEMENT

(1.) New India Assurance Co. Ltd. has filed the present appeal against the judgment of the Motor Accidents Claims Tribunal, Sangrur dated 3.4.1997, by which a compensation of Rs. 1,44,000 along with 12 per cent interest per annum was awarded in favour of the respondents-claimants on account of death of Lachhman who died in a motor accident.

(2.) Briefly, the facts of the case are that on 8.7.1992 at about 6.10 p.m. Lachhman along with other members of a marriage party were coming from Ludhiana in a truck bearing No. PJP 7097. It is averred that the truck was being driven by Baldev Singh at a very high speed in a rash and negligent manner and when it reached village Uppli it hit car No. PRN 9110 and thereafter, it struck against the tree and turned turtle and the members of the marriage party who were travelling in the truck received injuries, however, Lachhman who was taken to Rajindra Hospital at Patiala died on reaching the hospital. Claimants who are the widow and two minor children of Lachhman filed a claim petition claiming a sum of Rs. 5,00,000 on account of death of Lachhman. It was averred in the claim petition that the deceased was earning a sum of Rs. 3,000 per month, therefore, the claimants are entitled to a total compensation of Rs. 5,00,000. Written statement was filed by the insurance company, wherein, the alleged accident was denied for want of knowledge and further that the deceased being a passenger in a goods carrier, therefore, the insurance company is not liable to indemnify the insured. It was further submitted that the driver of the truck Baldev Singh was not holding a valid driving licence.

(3.) Tribunal held that the accident took place because of rash and negligent driving of Baldev Singh and after determining the income of the deceased to be Rs. 1,500, applied a multiplier of 12 and awarded a total compensation of Rs. 1,44,000.