NATIONAL INSURANCE CO LTD Vs. PRITO

JUDGEMENT

(1.) The above appeal has been filed under section 173 of the Motor Vehicles Act against the award passed by the Motor Accidents Claims Tribunal (I), Shimla, dated 21.5.1993 in M.A.C. No. 15-S/2 of 1988/87 by the insurance company, whereunder the Tribunal below awarded a compensation of Rs. 1,20,000 to the claimants with a direction to the appellant insurance company to pay with interest at the rate of 12 per cent per annum from the date of claim petition till the date of deposit. The claimants before the Tribunal below were the widow, the minor sons and parents (father and mother) of Harnam Singh who died in an accident while travelling in a truck bearing registration No. PUH 3559 belonging to late Harbans Lal, who was said to have died during the pendency of the petition, his legal representatives coming on record thereafter for continuing the proceedings instituted in the Tribunal below. It appears that the deceased was working as agent with different fruit merchants at Lalroo Mandi and used to arrange for the supply of fruits from the growers and on the day when the accident occurred he appears to have boarded the truck at Chandigarh, the truck having been said to have been hired by fruit merchants of Lalroo Mandi, who deputed the deceased to visit Jubbal and Rohru to arrange for the supply of apples to them.

(2.) The legal representatives of the deceased owner of the vehicle appear to have taken an objection that as legal representatives they are not in any manner liable and it is only the insurance company, which was to bear the liability, though at the same time they disputed the claim of the rash and negligent driving of the truck by its driver. So far as the appellant insurance company is concerned., it was claimed that the deceased was neither covered by the policy of insurance nor was it required to be covered under the Act as the said person being, according to the insurance company, an unauthorised passenger travelling illegally in the truck.

(3.) On the above claims and counterclaims, the claim petition came to be tried and on a consideration of oral and documentary evidence on record, as noticed earlier, the Tribunal below had awarded compensation of Rs. 1,20,000 holding the insurance company liable to pay the same with interest. Hence, the above appeal.