UNITED INDIA INSURANCE COMPANY LIMITED Vs. TALJINDER KAUR

JUDGEMENT

(1.) THIS is an appeal directed by United India Insurance Company Private Limited against the Award dated 06.02.2015 passed by Smt Jaswinder Sheemar, Motor Accident Claims Tribunal, SAS Nagar Mohali vide which the claim petition has been accepted and a sum of Rs.29,45,250/ - as compensation has been allowed.

(2.) BRIEFLY stated, case of the claimants is that on 27.11.2013 deceased was going from Mullanpur to his native village Boothgarh on motorcycle bearing registration No.PB -65 -W -2173 followed by Harpreet Singh. At about 9.15pm, when the motorcycle driven by deceased reached in front of Gate of Omax Company, in the meantime one Mahindera Max Pick -up bearing registration No.HP -19 -A -6742 being driven by respondent No.1 in a rash and negligent manner without blowing horn came on its wrong side and struck against the motorcycle of the deceased. Resultantly deceased fell down on the road and received fatal injuries. Therefore, claimants prayed for compensation to the tune of Rs.50,00,000/ -.

(3.) ON put to notice respondent No.1 filed written statement and averred that no such accident had happened with the vehicle of respondent No.1 and that he has a valid licence. The vehicle in question was insured with respondent No.3. Respondent No.2 filed separate written statement and took up preliminary objection regarding maintainability of the claim petition. On merits, respondent No.2 alleged that previously Gurdev Singh respondent No.2 was the owner of the offending vehicle, which was sold by him to one Amarjit Singh and deliver him possession of the vehicle along with documents. Affidavits in this regard were duly signed and notarized were executed by the seller Gurdev Singh and the purchaser Amarjit Singh.