UNITED INDIA INSURANCE COMPANY LTD Vs. GURDEV SINGH

JUDGEMENT

(1.) THE challenge in appeal here is by the Insurance Company and is to the quantum of compensation awarded to the claimants.

(2.) ON September 11, 1980, at about 3 P. M. when Didar Singh a 16 years old student, was returning home from school, the truck HRE-1265, came behind at a T-Junction in Mohali and knocked him down. Didar Singh died as a result of the injuries sustained by him, in this accident It was the finding of the Tribunal that the truck- driver was wholly to blame for the accident as it had been caused by his rash and negligent driving. A sum of Rs. 50,000/- was awarded as compensation to the parents of Didar Singh deceased.

(3.) AT the very out-set, Mr. Hemant Kumar, counsel for the claimants, raised the objection that it was not open to the Insurance Company to seek to question the quantum of compensation payable to the claimants. The argument being that the only defences open to an insurance Company were those as set-out in Section 96 (2) of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act' ).