RAM PRATAP SINGHANIA Vs. RENUKA DEVI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and Award deted 6.2.1989 passed by the Ist Additional District Judge cum Additional Motor Accident/Claims Tribunal, Giridih, in Misc. Case No. 34/11 of 1983 88 whereby and whereunder the Claims Tribunal assessed the compensation of Rs. 36,624/ and directed the owner of the vehicle to pay the said amount to the claimant respondent.

(2.) THE claimant who is the widow of the deceased filed an application before the Claims Tribunal for grant of compensation on account of death of her husband in motor vehicle accident. While the deceased was returning from his duty he was dashed by a truck bearing registration No. BPN. 9293 at Jain More. The owner and insurer of the vehicle appeared and contested the suit. After hearing the parties, the Claims Tribunal came to the conclusion that the accident took place due to the rash and negligent driving of the truck. The learned Claims Tribunal assessed the compensation for a sum of Rs. 73,248/ . However, the Tribunal was of the view that the claimant was not the sole heir rather the deceased died leaving behind other heirs and legal representatives, the claimant was entitled to half of the amount so assessed by him, i.e. Rs. 36,624/ . The learned Claims Tribunal further held that the said amount of Rs. 36,624/ was payable by the appellant, the owner of the vehicle.

(3.) MR . Sahni, on the other hand, appearing for the Respondent Insurance Company submitted that there is no liability on the Insurance Company as the owner of the vehicle himself admitted the liability and paid about Rs. 4,000/to the claimant. The learned Counsel further submitted that on the failure of the owner of the vehicle in proving the Insurance policy, the Tribunal was fully justified in awarding the compensation against the owner of the vehicle.