MOHAN LAL Vs. BIRA

JUDGEMENT

(1.) IN this appeal, appellants (i.e. owner and driver of offending truck) have challenged award dated 5.9.1988 passed by the Motor Accident Claims Tribunal, Rohtak, awarding a sum of Rs. 90,000/- as compensation to the claimants (respondents 1 to 3 herein) along with interest at the rate of 12 per cent per annum from the date of claim petition till payment. Insurance company was absolved of its liability and thus, claim petition qua it was dismissed.

(2.) IN brief, the facts as stated in the claim petition, are that on 11.7.1986, a marriage party was travelling by two trucks, namely, HYK-1827 and HYR-1056 and was heading for village Sirsar. Bhup Singh, deceased, was travelling by truck No. HYK-1827. The said truck over-turned at Rohtak bye-pass point which leaves Delhi-Rohtak road, as a result of which Bhup Singh sustained injuries and simultaneously died on 13.7.1986. His widow and two minor children (respondents 1 to 3 herein) claimed compensation on account of his death. Upon notice of the claim petition, the driver and owner of the offending truck in their joint written statement disputed the fact that their truck was carrying marriage party and instead pleaded that the truck was carrying goods including valuables and ornaments for transportation to village Sirsar and that owners of the said goods, who were three in number, were travelling on the truck for the sake of protection of the goods and further loading and unloading the same. It was pleaded that the truck was being used for the purpose of carrying goods. Insurance company in its written statement denied its liability on the ground that the vehicle in question was being used for carrying passengers whereas its insurance was covered for the purpose of carrying goods.

(3.) FEELING dissatisfied, the owner and the driver of the offending truck have come up in appeal, while on the other hand, cross-objections have been filed by the claimants for enhancement of compensation so awarded to them by the Tribunal.