UNITED INDIA INSURANCE CO LTD , Vs. RATTAN SINGH

JUDGEMENT

(1.) This appeal on behalf of the insurance company is directed against the award of the Motor Accident Claims Tribunal, Patiala, (hereinafter called the Tribunal) dated February 28, 1983, whereby a sum of Rs. 36,000/- has been awarded as compensation to the claimants.

(2.) The learned counsel for the appellant contended that the driver of the offending vehicle was careless enough to permit others to travel by it and, therefore, as the deceased, was travelling in it without any authority insurance company was not liable. The learned counsel also submitted that the deceased had died during the course of his employment and, therefore, the liability, if any, for the payment of the compensation was under the Workmen's Compensation Act and not under the Motor Vehicles Act.

(3.) After hearing the learned counsel for the parties, I do not find any force in this contention.