UNITED INDIA INSURANCE COMPANY LTD Vs. JOGINDER KAUR

JUDGEMENT

(1.) THIS order shall dispose of F.A.O. No. 1182 of 1993 preferred by the United India Insurance Company against the award dated 1.2.1993 passed by the Motor Accident Claims Tribunal, Patiala as well as the cross-objections preferred by the respondent-claimants for modification of the said award and for enhancing of the compensation amount.

(2.) JOGINDER Singh (since deceased) who was aged about 50 years, was working as a truck driver on the truck owned by respondent No. 6. He was getting salary of Rs. 1200/- per month. On 6.4.1990, at about 5.30 A.M. Joginder Singh was driving truck No. HYE-9273 when it met with an accident near village Gajju Majra, Tehsil Samana, District Patiala resulting into Joginder Singh's death at the spot. The truck was insured with the appellant-Company. The respondent-claimants, who are widow and four children of the deceased, sought compensation of Rs. 3 lacs.

(3.) WHILE deciding issue No. 1, the Tribunal held that Joginder Singh died in the motor vehicle accident due to injuries sustained by him while driving truck No. HYE-9273. The contention of the appellant- Company in terms whereof issue No. 3 was framed was also repelled and it was held that Joginder Singh did not die due to his own negligence. Under issue No. 2, the Tribunal held the respondent-claimants entitled for a sum of Rs. 1,43,000/- as compensation. Aggrieved, the Insurance Company has preferred this appeal whereas the claimants have filed their cross-objections.