OM PARKASH Vs. RAJBIRI

JUDGEMENT

(1.) THE Motor Accident Claims Tribunal, Sonepat on a claim petition filed by the claimants under Section 166 of the Motor Vehicles Act, had fastened the liability to pay compensation of Rs. 96,000/-alongwith interest at the rate of 12% per annum on the owner and driver of offending truck No. HRS-889, on account of death of Krishan Pal in a road accident on 16. 3. 1990. The Insurance Company was absolved of its liability to pay compensation on the ground that there was no privity of contract between Jawahar Singh son of Ganesh Dass and the Insurance Company.

(2.) AGGRIEVED against the award, the owner and driver of the truck had filed the present appeal for setting aside the award of the Tribunal to the extent that the liability to pay compensation has been fastened on them.

(3.) LEARNED counsel for the appellants contends that the offending truck was duly insured with the Insurance Company and the premium was duly paid by the owner and as such the liability should have been fastened on the Insurance Company but the Tribunal has wrongly fastened the liability on the appellants.