NEW INDIA ASSURANCE CO LTD Vs. SWARAN KANTA

JUDGEMENT

(1.) THIS is Letters Patent Appeal under Clause X of the letters Patent filed by New India Assurance Company Limited against the judgment of learned Single Judge dated August 14, 1985.

(2.) BRIEF facts of the case are that claims petition was filed by respondent-Swaran Kanta, widow of deceased Puran Chand, along with her minor children on May 8, 1978, before the Motor Accidents Claims Tribunal, Sonepat, on the basis of the death of Puran Chand, who died in a vehicular accident on December 4, 1977 on the relevant night Puran Chand was traveling in Car No. DLB-9186. The accident took place on G. T. Road near village Larsauli, Police Station Ganour, within the district of Sonepat. Claimants pleaded that truck No. HRA-7831 owned by respondent Manohar Lal and driven by respondent Ram Parsad was standing in the middle of the road on the relevant night without taking any precautions, when car No. DLF-5447 driven by Anil Kumar and owned by Inder Singh came from Delhi and struck into it. In the meanwhile truck No. DHG-2801 owned by Messrs Kohli Transport Company and driven by Charan Singh came from Delhi side and struck into the car, which was already standing on the road. The deceased was traveling in the last vehicle, namely, car No. DLB-9186, which also came from Delhi side and struck into the three vehicles, which were standing on the road after being involved in the accident. It was also averred that deceased was earning Rs. 600.00 per month. They claimed compensation of Rs. One lac.

(3.) BEFORE the learned Tribunal the appellant filed an application Under Section 110-C (II-A) of the Motor Vehicles Act for defending the claim petition on merits as their insured Messrs Kohli Transport Company were proceeded exparte. The requisite permission was granted.