AMRO DEVI Vs. MONTGOMERY TRANSPORT COMPANY

JUDGEMENT

(1.) THIS appeal has been filed by Amro Devi and Kashmir Singh, parents of deceased, Sanjay Kumar, for enhancement against the award, dated 1.6.2001, passed by learned Motor Accident Claims Tribunal, Hamirpur, in MAC Petition No. 41 of 1998, awarding Rs. 2,16,000/ compensation to the claimants petitioners to be paid by respondents No. 2 and 4, equally with interest at the rate of 9% per annum, w.e.f. 5.11.1999. The parties are referred in the same manner, as in the impugned award.

(2.) THE facts in brief, as pleaded, are that Sanjay Kumar, aged 21 years, was additional driver employed by respondent No. 1 to drive truck on Rs. 2,500/ salary, per month and Rs. 100/ per day daily allowance. On 4.3.1998, truck No. DL IG A 3567, owned by respondent No. 1 and insured with respondent No. 2 was being driven by driver Yashpal and Sanjay Kumar was in the said truck as co driver. The truck was proceeding from Delhi to Bombay and it had head on collision with another truck bearing registration No. UP 07 C 5770. The accident took place due to rash and negligent driving on the part of Yashpal, driver of truck No. DL IG A 3567. Yashpal and driver of truck No. UP 07 C 5770, died on the spot alongwith Sanjay Kumar.

(3.) THE respondents No. 1 and 3, did not contest the petition. The respondent No. 2 National Insurance Company filed reply and took the objections that deceased was sitting in the truck in the capacity of workman and the liability of the insurance company to pay the compensation is under the Workmen's Compensation Act. The truck No. DL IG A 3567 was being driven by the driver at the time of accident without valid registration certificate, route permit and worthiness certificate. The driver did not have a valid driving licence to drive the said truck. It was not being driven negligently by the driver.