MISS NAVROOP KAUR Vs. DHARAM PAL

JUDGEMENT

(1.) On November 5, 1992 Partap Singh was going on his Tractor/Trolley on the G.T. Road, from Ambala towards Nilokheri. His Trolley was loaded with paddy. He was hit by a Truck Trailer number JK-02-8732 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 Truck Trailer. Hardeep Kaur, the widow, alongwith the 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 the parents of the deceased. After consideration of the evidence, the Motor Accident 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.

(3.) Partap Singh was driving the Tractor Trolley. He was carrying paddy towards Nilokheri on the G.T. Road. According to the appellants, he was a hale and hearty youngman, 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 Anr. vehicle and was on the wrong side when he hit the tractor of the deceased. On this basis, a claim for an amount of rupees ten lacs with 24 percent interest was made. In the written statement filed on behalf of the National Insurance Company Ltd., it was interalia pleaded that the driver did not have a valid driving licence and 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 me case.