HARKISHAN LAL Vs. KAKA RAM

JUDGEMENT

(1.) The accident giving rise to the claim petition out of which this appeal a rises occurred on January 10, 1983, at about 5-15 p.m. near the office of the District Education Officer, Una, which is situate on the State Highway leading from Una to Nangal. The victim of the accident, a boy aged about 5 years, was knocked down by a motor-truck bearing registration No. DHL 3137. The vehicle is owned by the first appellant and, at the material time, it was being driven by the second appellant. The Tribunal found that the accident occurred on account of the rash and negligent driving of the vehicle by the second respondent and awarded compensation to the first and second respondents (original claimants) in the total sum of Rs. 23,000/- with interest at the rate of 9% per annum from the date of the institution of the claim petition till the date of payment/deposit, if made within a period of two months; otherwise, at the rate of 12% per annum till the date of payment/deposit/realisation. The liability to satisfy the award was fastened on the appellants and the third respondent (Insurance Company) was absolved from such liability since the appellants failed to produce any evidence before the Tribunal to show that the vehicle was covered by an insurance policy issued by the said respondent. Hence the present appeal.

(2.) The learned counsel for the appellants fairly stated that he does not challenge the finding on the issue of negligence nor the amount of compensation awarded by the Tribunal. The only ground urged in support of the appeal was that the Tribunal had erred in absolving the third respondent from the liability to satisfy the award. The sole question which, therefore, falls for determination is whether the decision of the Tribunal in so far as it absolves the third respondent from the liability to satisfy the impugned award is correct.

(3.) The Tribunal, in para 2 of its award, has observed as follows :