LAWS(HPH)-1994-4-1

UNITED INDIA INSURANCE CO LTD Vs. BIMLA

Decided On April 11, 1994
UNITED INDIA INSURANCE CO.LTD. Appellant
V/S
BIMLA Respondents

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accident Claims Tribunal (II), Kangra in M. A. C. T. Case No. 1 of 1982, dated 28/12/1984.

(2.) The claimants moved a petition under Section 110 of the Motor Vehicles Act for the grant of compensation for the death of Karam Chand, being father, mother, sister and brothers of the deceased. Compensation to the extent of Rs. 75,000 / - has been claimed by them. The facts of the case may, briefly, be summarised here-now.

(3.) Deceased Karam Chand was engaged as a labourer for loading slates in Truck No. HPK 5894 in the evening of 12/06/1982 in Slate Godown, Yol. After loading the truck, the deceased and other labourers boarded it. After covering a distance of half furlong, the truck rolled down towards one side of the road through a steep gradient. The allegation is that the accident was on account of the rash and negligent driving by its driver Parveen Kumar. The deceased was crushed under the weight of the slates and died instantaneously. The other labourers also received injuries. The-deceased was unmarried, aged 26 year and earning Rs. 500.00 per month.