NEW INDIA ASSURANCE CO LTD Vs. RANMAY DEVI

JUDGEMENT

(1.) THE insurer of truck hp 06-641 is in appeal against the award dated 26. 9. 2001, passed by the learned motor Accidents Claims Tribunal-II, solan in M. A. C. Petition No. 18-S/2 of 1996, whereby an award of Rs. 3,18,500 has been awarded in favour of claimants-respondent nos. 1 to 5 and against Sher Singh, respondent No. 10; Bhagat Ram, respondent no. 7 and appellant who are owner, driver and insurer respectively of truck No. HP 06-641 with a direction that since truck no. HP 06-641 was insured with appellant at the time of accident, therefore, insurer shall indemnify the owner of the vehicle. The award amount shall be paid within 30 days from the date of award, failing which interest at the rate of 12 per cent per annum from the date of filing of the petition till realisation shall be payable.

(2.) THE facts in brief are that claimants-respondent Nos. 1 to 5 on 23. 5. 1996 filed a claim application claiming Rs. 6,00,000 compensation on account of death of Ram bahadur, aged 20 years on 26. 2. 1996 due to injuries sustained by him in an accident on 19. 8. 1995 involving truck No. HP 06-641 and truck No. HID 2227. The further case of the claimants-respondent Nos. 1 to 5 is that the deceased Ram Bahadur was working as a cleaner-coolie on truck No. HID 2227 and was going from Chandigarh to Rampur. At Parwanoo barrier truck No. HP 06-641 came from the opposite side, struck against truck No. HID 2227. Accident took place due to rash and negligent driving on the part of driver of truck No. HP 06-641. In the accident Ram Bahadur sustained multiple injuries. Ram Bahadur was treated at E. S. I. Hospital, Parwanoo; p. G. I. , Chandigarh and Rajendra Hospital, patiala but he succumbed to his injuries on 26. 2. 1996. The claimants-respondent Nos. 1 to 5 were dependent on Ram Bahadur who was earning Rs. 2,000 per month wages plus Rs. 30 daily allowance. The deceased in all was earning Rs. 4,000 per month. Bhagat Ram, respondent No. 7, was driving truck No. HP 06-641 and the said truck was owned by Sher Singh, respondent No. 10, at the time of accident. The appellant New India Assurance Co. Ltd. was the insurer of the truck. The truck No. HID 2227 was owned by Amarjeet Kaur and Jaswant Singh. At the time of accident truck No. HID 2227 was being driven by kabootar alias Gurdev Singh, respondent no. 6.

(3.) KABOOTAR alias Gurdev Singh, respondent No. 6, driver of the truck No. HID 2227 had contested the petition by filing his reply and has taken the plea that accident took place due to rash and negligent driving on the part of the driver of truck no. HP 06-641. He has pleaded that he is not liable to pay any compensation. Sher singh, respondent No. 10, owner of truck no. HP 06-641 has also contested the petition by filing the reply. He has denied that the truck owned by him struck against the other truck as alleged in the petition. He has denied various paras of the petition, generally. He has, however, pleaded that the truck No. HP 06-641 was insured with new India Assurance Co. Ltd. According to him the claim made by respondent Nos. 1 to 5 in the claim petition is excessive and he is not liable to pay any compensation to them. He has pleaded that there is no fault of truck No. HP 06-641 in causing the accident. He pleaded that accident took place due to mechanical defect and not due to any act of rashness or negligence.