LAWS(P&H)-2006-7-507

SATBIR HUSSAIN Vs. RAJ KALI

Decided On July 12, 2006
Satbir Hussain Appellant
V/S
Raj Kali Respondents

JUDGEMENT

(1.) THE Insurer (hereinafter referred to as "the appellant") has filed the present FAO against the award dated 2.12.1992 vide which the learned Motor Accident Claims Tribunal, Kurukshetra (hereinafter referred to as "the Tribunal"), while allowing the petition in favour of the respondent - claimants, awarded a compensation to the tune of Rs. 4,20,000/- which was ordered to be payable by the appellant.

(2.) ON 16.5.1991, deceased Daya Singh (a retired IPS Officer) died in the impugned accident which was caused by Satbir Hussain, driver by driving the offending vehicle i.e. truck No. UHR-9978 rashly and negligently. The vehicle was owned by its registered owner Rakesh Kumar (respondents No. 1 and 2). Driver and the registered owner contested the averments by a bare denial. The Tribunal noticed that it (written statement filed by respondents No. 1 and 2) "is brief to a fault and the two respondents have contended themselves with bare denials"

(3.) THE trial proceeded on the following issues :