RAM CHANDER Vs. NARESH KUMAR

JUDGEMENT

(1.) On February 22, 1997, Siri Pal alias Pala Ram, who was going on a bicycle, was hit by truck bearing Registration No. HYA-9416. The accident was fatal. The two sons of the deceased filed claim application. The Motor Accident Claims Tribunal has found that the deceased was aged about 57 years of age at the time of accident. He was earning Rs. l,500/- per month. By fixing the monthly dependency of Rs. 700/- and applying a multiplier of '10', the Tribunal assessed the compensation at Rs. 84,000/-. Another amount of Rs. 5,000/- was awarded on account of funeral and other incidental charges. Thus, a total compensation of Rs. 89,000 was awarded by the Tribunal. Interest @ 2% per annum on this amount was also awarded.

(2.) Aggrieved by the award, Ram Chander, the owner of the vehicle, has filed the present appeal. It is urged that the Tribunal has erred in holding that the compensation shall be payable by the owner of the vehicle and not by the New India Assurance Company Ltd, Chandigarh-Respondent No. 4.

(3.) Mr. B. S. Walia, learned Counsel for the appellant, contends that the vehicle having been insured, the Insurance Company could not have been absolved of its liability to indemnify the owner for the death of a third party.