UNITED INDIA INSURANCE COMPANY Vs. SUKHDEV KAUR

JUDGEMENT

(1.) On 23rd November, 1988, Bikkar Singh-since deceased alongwith his brother Karam Singh and cleaner Mohinder Singh were going towards their village on a Canter bearing registration No. PAR-8298. This vehicle was being driven by Bikkar Singh on its own side of the road. In the meanwhile, a bus bearing registration No. PBO-5545 driven by Baljit Singh respondent came from the opposite side at a very high speed on which there was a head on collision between the two vehicles. Bikkar Singh received multiple injuries on his body and he died on the way to the hospital. On these facts, the claimants who are the (sic) deceased, filed the present claim petition before the Motor Accidents Claims Tribunal, Bathinda.

(2.) Respondent Nos. 1 and 2 before the Tribunal i.e. the driver and the owner of the bus denied the allegations made the claim petition and pleaded that the collision had taken place due to the rash and negligent driving of the Canter by the deceased. Respondent No. 3, i.e. the Insurance Company denied its liability to pay on the ground that the Canter's owner did not have a valid registration or fitness certificate and that in any case, its liability was limited to Rs. 50,000/- only.

(3.) On the pleadings of the parties, the Tribunal framed the following issues :-