BEER SINGH Vs. SATBIR SINGH

JUDGEMENT

(1.) The short question that comes up for consideration in the present appeal is as to if the respondent United India Insurance Co. Ltd. is responsible to pay compensation to the appellants.

(2.) The relevant facts giving rise to the present question and the appeal are that on 3.1.1994 Satbir Singh was going on his bicycle with drums containing milk for sale. He was going from city Rewari to Sadbusa Nagar. At about 6.40 p.m. when he reached near the house of Hari Narain, one tractor bearing registration No. HNM 1876 was being driven by Beer Singh, appellant No. 1, in a rash and negligent manner. It came from Rewari city side and hit Satbir Singh. Satbir Singh fell down and sustained injuries. The accident is alleged to have occurred because of rash and negligent driving of Beer Singh. Jai Parkash, son of Daya Ram witnessed the occurrence. Satbir Singh was removed to the hospital at Rewari. He was referred to Medical College, Rohtak. Satbir Singh remained admitted in the said hospital. He claimed a compensation of Rs. 13,00,000 with respect to the permanent disability, expenses for medical treatment, pain and suffering.

(3.) The petition had been contested. The appellants in their reply denied that the alleged incident took place. In any case it was contended that in case of any accident the tractor was insured with the United India Insurance Co. Ltd. and, therefore, the insurance company was liable to pay the compensation.