ORIENTAL INSURANCE CO. LTD. Vs. AMARJIT KAUR

JUDGEMENT

(1.) Briefly stated, facts of the case are that on 10/2/2014, at about 5.30 p.m., Sarabjit Singh was unloading the truck at village Patti Guru Nanak Nagar, when the truck touched the electricity wires, resultantly Sarabjit Singh got electric shock and while being taken to Civil Hospital, Gurdaspur, he died on the way. On account of his death, his legal representatives, i.e., Amarjit Kaur wife, Harmanpreet Singh aged 4 years son and Surjit Kaur mother, had brought a claim petition under Sec. 163-A of the Motor Vehicles Act, 1988 against respondents, i.e., Harpreet Singh owner and Oriental Insurance Co. Ltd. insurer of truck bearing registration No. PB 06-Q 1877 (hereinafter referred to as 'the truck in question') claiming compensation to the tune of Rs.12,00,000.00 with interest and costs submitting that the deceased, who was aged about 26 years, was working as a driver on the truck in question and was in employment of respondent No. 1 Harpreet Singh owner of the truck; that he used to earn Rs.3,200.00 per month from that employment and that claimants were fully dependent upon the earnings of the deceased.

(2.) On notice, both the respondents appeared and filed separate written statements.

(3.) In the written statement filed by respondent No. 1 Harpreet Singh, he admitted that the deceased was in his employment working as a driver on the truck in question and had died while unloading such truck at village Patti Guru Nanak Nagar when the truck had touched the electricity wires, however, he prayed for dismissal of the claim petition qua him.