PT RAM PARKASH Vs. KANTA SURI

JUDGEMENT

(1.) The matter here concerns the extent of the liability of the Insurance Company. Conflicting orders came to be passed by this Court with regard to it and this is what now provides the occasion for the clarification sought.

(2.) To give the factual background, in an accident between the car PUF-7300 and truck HRA-3724, which occurred on December 19, 1976, Beli Ram, the driver of the car and Manmohan Suri, its owner were killed, while three other persons travelling in the car, namely; Smt. Kanta Suri - the widow, Manoj Suri - the son and Bhupinder Suri, the brother of Manmohan Suri-deceased, sustained injuries. This gave rise to four separate claims for compensation arising out of this accident. They were consolidated and heard together by the Motor Accidents Claims Tribunal, Sonepat; holding that the accident had been caused entirely due to the rash and negligent driving of the truck-driver, a sum of Rs. 73,440/- was awarded as compensation to the parents, widow and children of Manmohan Suri, deceased and besides this a sum of Rs. 2,000/- was awarded to Manoj Suri for the injuries suffered by him and Rs. 500/- each on this account to Smt. Kanta Suri and Bhupinder Suri. These awards, in turn, led to seven appeals being filed in this Court - four by the owner and driver of the truck, these being, FAO 227, 228, 229 and 230 of 1980, - two by the claimants seeking enhanced compensation FAO 241 and 422 of 1980 while the seventh, namely; FAO 252 of 1980 was filed by the New Indian Assurance Company Limited.

(3.) The appeal filed by the New India Assurance Company Ltd. namely, FAO 252 of 1980 came up for hearing before the other appeals and was disposed of at the motion stage by the Division Bench consisting of Bhupinder Singh Dhillon and M.R. Sharma, JJ. on July 24, 1980. The order of the Division Bench reads as under :-