ORIENTAL FIRE AND GENL. Vs. MIRA DEVI

JUDGEMENT

(1.) THE Oriental Fire & General Insurance Co. Ltd. and the owner of the vehicle have assailed the award of Motor Accidents Claims Tribunal, Mandi in Claim Petition No. 68 of 1981, decided on 10.6.1982, thereby allowing the claim moved by the claimants, by awarding Rs. 46,200/- by way of compensation for the death of deceased Sukh Ram, the driver of truck No. HPM 7087.

(2.) THE facts, briefly, are that late Sukh Ram was the driver of truck No. HPM 7087 employed by M/s. Basakhu Ram Balak Ram & Co., Chauntra, Tehsil Joginder Nagar, District Mandi. This vehicle was insured with the Oriental Fire & General Insurance Co. Ltd. The deceased was 30 years of age and it is alleged by the claimants that he was drawing Rs. 800/- per month as wages in addition to Rs. 200/- from other sources. The truck met with an accident on 24.5.1981 at about 8 p.m. at Khar Nalla, 30 kilometres away from Mandi on Kataula-Mandi Road. It had been deployed for carrying timber from the stacking depot at Kataula. It is alleged that it was deployed during night time and met with an accident on account of sudden breakdown of the machinery. Negligence of the owner in not caring to get the vehicle examined and checked before directing the deceased to ply it during the night time, has been alleged.

(3.) ON the basis of the pleadings of the parties, the Tribunal framed the following issues: