PIARA SINGH Vs. KAUSHALYA DEVI GERA

JUDGEMENT

(1.) THIS is an appeal by the owner of a vehicle against the award dated August 5, 1982, of the Motor Accidents Claims Tribunal, Ludhiana.

(2.) ON April 29, 1981, Narshing Lal Gera, deceased, Branch Manager, Central Bank of Indiaoga, along with one Ram Tirath of Moga was travelling from Moga to Ludhiana in Taxi No. PNY-81 belonging to the appellant, which was hired by Ram Tirath and was being driven by Ashok Kumar, driver. As they reached near the bus stand, Sunet, near the Milk Plant, Ludhiana, the taxi hit against a cart coming from the opposite direction. It was being driven rashly and negligently by its driver. Due to the accident, Narshing Lal Gera and the driver of the car received multiple injuries. They were removed to the Christian Medical College and Hospital, Ludhiana. The driver died about 8/9 hours later while Mr. Narshing Lal Gera died after about 22 hours at 1,40 p. m. on April 30, 1981. The claimant-respondents Nos. 1 to 5, who are the widow, daughter, sons and the mother and who were all dependent on Narshing Lal Gera, filed the claim petition before the Tribunal. After a full-dress trial, the Tribunal reached the conclusion that respondents Nos. 1 to 5 were all dependent on the deceased; and that Narshing Lal Gera died due to rash and negligent driving of the taxi of which the appellant was the owner.

(3.) TAKING into account the income of the deceased, dependency of respondents Nos. 1 to 5 on him and the age of the deceased, the loss to them was assessed at Rs. 3,62,496. As regards the liability, the Tribunal decided that since the driver of the taxi had already died, the appellant as its owner was liable to pay the whole amount. With regard to the liability of the insurance company, respondent No. 6, it concluded that the same was limited to the extent of Rs. 10,000 as per the provisions of the insurance policy.