AKASH KALRA Vs. PERMILA DEVI

JUDGEMENT

(1.) AKASH Kalra, owner of the truck bearing Reg. No. HR 38L- 3173, has challenged the award dated 14.2.2008 passed by Motor Accident Claims Tribunal Sonepat (herein reffered as 'the Tribunal'), whereby the claimants - respondent Nos. 1 to 3 (herein referred as 'the claimants) were awarded compensation to the tune of Rs. 4.15/- lacs on account of the death of Dilawar Singh in a motor vehicle accident.

(2.) THE petition was filed by the claimants under Section 163-A of the Motor Vehicles Act (herein referred as 'the Act'). The pleas taken by the appellant (respondent in the claim petition) are that since it was a comprehensive policy, therefore, the Insurance Company respondent No. 4 should have been held liable for the whole amount, but the Tribunal ordered that the Company would be liable to pay Rs. 3,27,705/- and the remaining amount would be paid by the appellant.

(3.) AS per facts, Dilawar Singh (since deceased) was driving the truck bearing Reg No. HR 38L-3173 owned by the appellant. He was coming from Rourkela (Orrisa) to Delhi for transporting the goods, whereas, Shivdutt was working as a helper. While, they were entering Chuhaki Mar Nala, District Rai Garh (Chhatishgarh), then another vehicle came from the opposite side and during the crossing process the said truck struck against the rear portion of the truck, being driven by the deceased. Resultantly, Dilawar Singh as well as Shiv Dutt died as a result of falling of the truck in the 'Nala'.