PREMI DEVI Vs. SUSHIL KUMARI

JUDGEMENT

(1.) By means of this petition the petitioners have prayed that the order dated 18.03.2004 passed by the learned Motor Accident Claims Tribunal, Una may be quashed and set-aside.

(2.) Briefly stated the facts of the case are that Lekh Raj and Sita Ram were driver and owner of truck No. HP-21-3737. A claim petition was filed by the widow and minor children of Kimti Lal claiming that he had died in the accident involving this vehicle. It was further claimed that the accident occurred due to the rash and negligent driving of the driver Lekh Raj. This petition was contested by Lekh Raj and Sita Ram also and an award was passed on 18.3.2004 whereby the claimants were held entitled to total compensation of Rs. 2,13,800/- alongwith interest @ 9% per annum from the date of filing of the petition till realization of the amount. Both Lekh Raj and Sita Ram alongwith United India Insurance Company were held liable to pay this amount. The Insurance Company was directed to deposit this amount.

(3.) The Insurance Company aggrieved by the award filed an appeal being FAO No. 187 of 2004. This appeal was allowed by a learned Single Judge of this Court in the following terms: