NAVROOP KAUR Vs. DHARAM PAL

JUDGEMENT

(1.) On 5.11.1992, Partap Singh was going on his tractortrolley on the G.T. Road, from Ambala towards Nilokheri. His trolley was loaded with paddy. He was hit by a truck-trailer No. JK-02-A-8732 which was loaded with iron rods. As a result of this accident, Partap Singh received various injuries and he died. Dharam Pal was driving the trucktrailer. Hardeep Kaur, the widow, along with her minor daughter Navroop Kaur filed a petition under section 166 of the Motor Vehicles Act, 1988, for the grant of compensation. Separate petition was also filed by parents of the deceased. After consideration of the evidence, the Motor Accidents Claims Tribunal, Karnal, has held that the widow, minor daughter as well as the parents of the deceased are entitled to a total compensation of Rs. 2,04,000 in equal shares. The widow and the minor child have filed this appeal. They have prayed for enhancement of the compensation. It is also prayed that the insurer be held liable for the payment of compensation.

(2.) A few facts may be noticed. Partap Singh was driving the tractortrolley. He was carrying paddy towards Nilokheri on the G.T. Road. According to the appellants, he was a hale and hearty young man, a prosperous agriculturist and an expert driver. Accident had occurred on account of the rash and negligent driving by the driver of the truck-trailer who had overtaken another vehicle and was on the wrong side when he hit the tractor of the deceased. On this basis, a claim for an amount of Rs. 1,00,000 with 24 per cent interest was made. In the written statement filed on behalf of the National Insurance Co. Ltd., it was, inter alia, pleaded that 'conditions of the alleged insurance policy' had been violated. It was further pleaded that "no accident took place nor the insured vehicle was involved in any accident". Separate written statements had also been filed by the other parties in the case.

(3.) On the pleadings of the parties, the following issues were framed: (1) Whether the accident in question took place due to rash or negligent driving of vehicle No. JK-02-A-8732 by respondent Dharam Pal? OPP (2) If issue No. 1 is proved, whether the claimants are entitled to get compensation, if so, how much and from which of the respondents? OPP (3) Whether the insurance company is not liable to pay any compensation in view of the preliminary objections taken in the written statement? OPR (4) Relief.