ORIENTAL INSURANCE COMPANY LIMITED Vs. ANARA DEVI

JUDGEMENT

(1.) THE Oriental Insurance Company, in the present appeal has prayed for setting aside the impugned award dated 2.1.1997 and consequently dismissal of claim petition. The claimant/respondent Nos. 1 and 2, on the other hand, have filed the Cross-objections with the prayer for enhancement of compensation awarded by the learned Tribunal.

(2.) THE brief facts of the case are that on 29.7.1992 at about 7.15 AM, Rajinder Kumar was going while driving scooter bearing registration No. CHE- 738 on the left side of the road on the main dividing road of Sector 42 and village Kajheri. When he reached near electric pole No. 116, one truck bearing registration No. CH-01-C-1800 came from the side of New Mohali Barrier and struck against the scooter of Rajinder Kumar. He fell down and received injuries. He succumbed to the injuries later on. The truck was being driven by Amrik Singh, respondent.

(3.) ONLY respondent No.3, Insurance Company, contested the claim petition. In the written statement, it took preliminary objections to the effect that the petition was incomplete and not in conformity with the provisions of the Act; that the same was filed to defraud the insurer and was barred by limitation; that the truck driver was not holding a valid driving licence at the time of accident and that the Insurance Company was, thus, absolved of its liability to pay the amount of compensation. On merits, the accident was denied. It was further pleaded that the claimants were not entitled to any compensation.