KANTA Vs. MANOJ KUMAR

JUDGEMENT

(1.) Smt.Kanta aged 29 years - widow, Baby Sapna, aged about 11 years - minor daughter and Master Avtar Singh - minor son of Surinder Chand - deceased had brought a claim petition under Section 163-A of the Motor Vehicles Act, 1988 against the respondents i.e. Manoj Kumar - owner and ICICI Lombard General Insurance Company, Chandigarh - insurer of Tata 407 bearing registration No.HR-37-A-6996, claiming compensation to the tune of Rs.20 lakhs along with interest.

(2.) As per the version of the claimants, on 1.9.2009, Surinder Chand deceased had gone with a truck, which was loaded with glass material to Ludhiana; when he and some other persons were unloading that glass material from the truck in the area of Dolhewala Chowk, Police Station Division No.6, Ludhiana, they lost grip, as a result of which the glass material fell on the deceased causing multiple injuries to him including on head; he was removed to hospital, where he succumbed to those injuries on 3.9.2009 at 1:30 a.m. According to the claimants, at the time of his death, the deceased was aged about 34 years and was working as a driver with respondent No.1 - Manoj Kumar, earning Rs.3,200/- per month and they were dependent upon earnings of the deceased.

(3.) On getting notice, both the respondents appeared and filed separate written statements opposing the claim petition.