NEW INDIA ASSURANCE CO Vs. NITIN DHANTA

JUDGEMENT

(1.) These two appeals, arising out of the same award dated 23.6.2005, are being disposed of by this common judgment. One appeal has been filed by the Insurance Company, challenging the direction by the Tribunal for payment of compensation money by it, on the ground that the deceased, for whose death compensation has been awarded, was a gratuitous passenger, travelling by a vehicle meant for carriage of goods. Second ground raised by the Insurance Company is that its application for taking all the defences available to the insured has been wrongly rejected by the Tribunal. Second appeal has been filed by the dependents of the deceased for enhancement of compensation money and also for award of interest from the date of the petition, instead of the date of award, as ordered by the Tribunal. Insurance Company, shall hereinafter be refereed to as insurer and the dependents of the deceased as claimants.

(2.) Deceased Balbir Dhanta was travelling by a truck No. HR-38-7581 on 21.8.1996, near Jarol-Tikkar in Kotgarh area, when it met with an accident. He sustained injuries, which resulted in his death. He was employed as Assistant Manager with HPMC and had been drawing salary of Rs. 8999/- per month. His dependents filed petition, seeking award of compensation. It was alleged that the accident took place, because of rash or negligent driving of the vehicle by its driver, who too died in the accident. A sum of Rs. 12 lacs was claimed by way of compensation.

(3.) Owner of the vehicle, namely respondent Gurinder Singh denied that the cause of accident was rash or negligent driving of the truck by the driver, though it was conceded that Balbir Dhanta had died in the accident.