TEJA SINGH Vs. NEW INDIA INSURANCE CO

JUDGEMENT

(1.) ON September 22, 1980, Inderjit Singh, a teacher at the Government Higher Secondary School, Garh Shanker, was killed while driving his motor cycle when tractor PUC-5784 came and hit into it. This happened on the Chamkaur Sahiv-Patiala Road.

(2.) IT was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of Manjit Singh, the driver of the tractor, A sum of Rs. 84,000 was awarded as compensation to the children of Inderjit Singh, the deceased. The claim of his parents and widow was, however", dismissed as being barred by time. As fegards liability for the amount awarded, this was held to be limited to Rs. 50,000 in the case of the insurance company with which the offending tractor was insured, the balance being payable by the driver and owner of the tractor. This is now sought to be challenged in appeal on the plea that the liability of the insurance company extended to the entire amount awarded. The claimants, on their part, have questioned the denial of compensation to the parents and widow of the deceased and also seek enhanced compensation.

(3.) AS regards the point of limitation, the accident as mentioned earlier, had taken place on September 22, 1980. The claim application was filed on July 21, 1981. In the accompanying application for condonation of delay, it was stated that Surjit Kaur, the widow of the deceased, had suffered shock and on that account she had been under strain and had also been admitted in different hospitals on different occasions. The parents of the deceased too could not file the claim having lost their only bread-earner. Further, the claimants were under the impression that the limitation for the filing of the claim application was one year. Condonation of the delay was, however, opposed by the driver and owner of the tractor.