NARINDER KUMAR Vs. TARA

JUDGEMENT

(1.) The controversy in appeal here is with regard to the liability of the insurance company for payment of the compensation awarded.

(2.) A sum of Rs. 38, 400/- was awarded as compensation to the parents and other heirs of Veer Bhan (deceased) who was crushed by the truck HRA 9188 while he had gone under it to examine the shaft and the driver started the truck. This happened on October 28, 1979.

(3.) It was the finding of the Tribunal that the accident had been caused by the negligence of the truck driver. Both the truck driver as also its owner Narinder Kumar, the present appellant, were held to be jointly and severally liable for the compensation awarded. As regards the insurance company, its liability was held to be limited to the amount payable to the legal representatives of the deceased under the Workmen's Compensation Act. The balance amount being payable by the owner and driver of the truck.