NIRMAL SINGH Vs. RAJINDER KAUR

JUDGEMENT

(1.) IN the vehicular death of Kewal Singh on 18. 8. 1980 at 6. 00 P. M. in village Hathur, his wife Rajinder Kaur and three minor children preferred their claim of Rs. 21 lacs. By the award dated 6. 10. 1984, they were granted compensation of Rs. 1,53,600/ -. In this accident truck No. PUC-5807 was involved, which was owned by respondents Dalip Singh and Bhajan Singh and was insured with respondent No. 3-National Insurance Company.

(2.) BEING aggrieved by this award, the Insurance Company has filed F. A. O. No. 22 of 1985. The driver and owners have filed F. A. O. No. 20 of 1985. Claimants have also filed cross-objections under Order 41 Rule 22, Civil Procedure Code. Both these appeals and cross-objections are decided by this judgment.

(3.) RESPONDENTS 1, 2 (a) and 2 (b) filed joint written statement and denied that the truck bearing No. PUC-5807 was involved in this accident. They alleged that on 18. 8. 1980 Nirmal Singh was not driving this truck, it was parked at his residence. No doubt, criminal case under Section 304-A, Indian Penal Code, was registered against the driver, but he was acquitted therein. Respondent No. 3-Insurance Company denied its liability averring that the vehicle involved in the accident was not insured with the Company. The Company also pleaded inter alia that its liabilities is limited to the extent of Rs. 1,50,000/- only. All these respondents raised a plea that the claim is time barred.