SURINDER PAL Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) OWNERS Surinder Pal and M/s Goyal Trading Corporation have filed the present L. P. A. No. 126 of 1987, which is directed against the judgment dated 3rd December, 1986 passed by the learned Single Judge, who dismissed the appeal of the truck owners but allowed the appeal of the claimants and enhanced the compensation amount to Rs. 1,50,000.00 as against Rs. 1,15,200.00, which was awarded by the Tribunal to the legal representatives of the deceased Shri Inderjit Singh, who was killed when the motor-cycle on which he was travelling was involved in an accident with truck No. PNB-7631.

(2.) BRIEF facts of the case are that Smt. Joginder Kaur, Smt. Ravinder Kaur, Miss Kiran Deep, Miss Raman Deep and Shri Fauja Singh filed the claim petition under Section 110-A of the Motor Vehicles Act against Shri Surinder Pal, M/s Goyal Trading Corporation, Hari Om and the Oriental Fire and General Insurance Co. Ltd. , Jalandhar, for the grant of compensation to the tune of Rs. 2,76,000/~ on account of the death of Inderjit Singh, aged about 32 years, who died in a motor vehicle acci- dent, when the motor-cycle on which he was travelling, was involved in an accident with truck No. PNB-7631 belonging to M/s Goyal Trading Corporation and Shri Surinder Pal, when it was being driven by Shri Hari Om.

(3.) THE claim Petition was contested by the owners. The driver Hari-Om did not appear before the Tribunal despite personal service and he was proceeded ex arte. It was admitted by the owners of the truck that it was involved in the accident. However, it was pleaded by the owners that the claimants had no cause of action in their favour so as to claim any compensation.