UNITED INDIA INSURANCE CO. LTD. Vs. BALJINDER KAUR

JUDGEMENT

(1.) According to the version of the claimants, Parminder Singh and Vijay Kumar were returning from Ludhiana to Jagraon on motorcycle bearing registration No.PIL 3953 on 9.4.1991 and at about 5:00 p.m. when they had reached near bus stand of Mandiani towards sheller about 200 yards away, then truck bearing registration No.PUQ 511 driven by respondent No.1 - Krishan Lal in a rash and negligent manner struck against their motorcycle, resultantly, they were run over by the truck and suffered grievous injuries, to which, they succumbed at the spot. The motorcycle was being driven by Parminder Singh at a slow speed on left side of the road on which Vijay Kumar was a pillion rider. An FIR No.41 dated 9.4.1991 for the offences under Sections 304-A IPC was registered against respondent No.1 - Krishan Lal at Police Station Dakha.

(2.) The legal representatives of deceased Parminder Singh, namely, his widow Smt. Baljinder Kaur and others had brought a claim petition bearing MACT No.49/66 of 1991-92 against respondents i.e. Krishan Lal - driver, M/S Khanna Sales Corporation, Ludhiana - owner and United India Insurance Co. Ltd., Ludhiana through its Regional Manager - insurer of the truck bearing registration No.PUQ/511. In the claim petition they had impleaded Uday Singh son of Sh.Bachan Singh as respondent No.4.

(3.) On notice, respondents No.1 to 3 had appeared and filed written statements.