SANDESH KUMARI Vs. RAJESH KUMAR

JUDGEMENT

(1.) CLAIMANTS-PETITIONERS in the impugned award. are in appeal tor enhancement of compensation against award dated 8. 1. 2003 passed by M. A. C. T. , Bilaspur in M. A. C. Petition no. 5 of 2001 awarding Rs. 2,88,000 compensation against respondent Nos. 1 and 2 with a direction to respondent No. 2 to deposit the compensation of Rs. 2,88,000 within 45 days from the date of award failing which interest at the rate of 9 per cent per annum shall be payable from the date of award till realisation. The parties are referred herein in the same manner as

(2.) THE brief facts, as alleged in the claim petition, are that Rakesh Kumar on 1. 8. 2000 boarded truck No. HIB 4164 for buying goods from Mandi. At place Nagchallah truck No. HP 33-4397 was noticed coming from the opposite side. Truck No. HP 33-4397 struck against truck No. HIB 4164 and in the accident Rakesh Kumar suffered injuries and succumbed to injuries. The respondent No. 1 was the owner of truck No. HP 33-4397 at the time of accident and the accident took place due to rash and negligent driving on the part of driver of truck No. HP 33-4397. Deceased rakesh Kumar was 30 years of age and had been getting Rs. 6,000 per month as driver in private sector. The petitioners are widow, children and mother of the deceased who were dependants of the deceased. The petitioners claimed Rs. 12,00,000 as compensation.

(3.) THE respondent No. 1 filed reply and admitted ownership of truck No. HP 33-4397, he also admitted the accident and death of Rakesh Kumar in the accident. He, however, alleged that accident had taken place due to rash and negligent driving of truck No. HIB 4164. The age and income of the deceased was denied for want of knowledge. He alleged that the truck No. HP 33-4397 was comprehensively insured with the respondent No. 2 and, therefore, respondent No. 2 is liable to indemnify respondent No. 1.