NEW INDIA ASSURANCE CO LTD Vs. LACHHAMI DEVI

JUDGEMENT

(1.) This appeal by the insurance company is directed against the award of the learned Motor Accidents Claims Tribunal, Una in M.A.C. Case No. 37 of 1997; decided on 30.5.2000.

(2.) The facts necessary for the decision of the case are that deceased Chhaju Ram was a truck operator and businessman. He was a partner of firm Sita Ram Chhaju Ram. Sita Ram is the father of Chhaju Ram. Deceased Chhaju Ram along with Satish Kumar and Rajinder Kumar was travelling in a truck bearing registratior No. HP-40 2311 which met with an accident. The truck went off the road. Chhaj Ram died on the spot. Lachhmi Devi mother of Chhaju Ram and wife of Sit Ram and Bhagwati Devi, widow of Chhaji Ram filed a claim petition in which Sit Ram Chhaju Ram was impleaded as the respondent No. 1. Sita Ram was shown to be the owner of Sita Ram Chhaju Ram The appellant, insurance company, wa impleaded as respondent No. 2.

(3.) This claim petition was contested by the insurance company. A specific defence was taken that Chhaju Ram was the partner of Sita Ram Chhaju Ram and was one of the insured persons and as such application on his behalf was not maintainable. In this behalf reference may be made to preliminary objection Nos. 2, 3 and 4 of the petition filed before the learned Motor Accidents Claims Tribunal which reads as under: