HANS RAJ Vs. DHANPATI

JUDGEMENT

(1.) This order will dispose of FAO No. 488 of 1988 and also Cross Objection No. 5-CII of 2003. Respondents (claimants Nos. 1 to 9) filed an application under Section 110-A of the Motor Vehicles Act, 1939 (in short the Act) read with Section 92 of the Act, to claim compensation regarding death of their predecessor in interest, namely, Balbir Singh, who died in a motor accident, on the intervening night of 4/5th December, 1985. Factum of accident and death of Balbir Singh is not in dispute.

(2.) It was case of the claimants that said Balbir Singh had hired a Truck bearing No. HRO-3108, for carrying carrots to the vegetable markets in Delhi. The truck was being driven rashly and negligently by its driver and on account of that, the vehicle had turned turtle, which resulted into multiple injuries to Balbir Singh, who ultimately died in a hospital on 9.12.1985.

(3.) The Motor Accident Claims Tribunal, Sonepat (in short the Tribunal), vide judgment dated 24.12.1987 had granted an amount of Rs. one lac to the respondents-claimants, as compensation alongwith interest @ 12% per annum, till realisation of the compensation amount. The Tribunal further held that on the date of accident, the offending vehicle had already been sold to the appellant, by Sube Singh - respondent No. 10, who was the registered owner of the vehicle, as such, the Insurance Company was not liable to make payment of the compensation amount. Feeling dis-satisfied, Hans Raj, purchaser of the Truck, alongwith its driver, filed this appeal. Cross objections have been filed by the respondents - claimants, wherein they have claimed enhancement, in amount of compensation granted to them. Counsel for the parties heard.