NATIONAL INSURANCE CO. LTD. Vs. KULWANT SINGH

JUDGEMENT

(1.) Gurdeep Singh son of Kulwant Singh resident of Dyala Chak, Batala, District Gurdaspur, employed in Indo-Tibetian Border Police (ITBP) died on 29.09.1997 in a vehicular accident when Truck No. JKR/535 rashly and negligently driven by its Driver-Avtar Singh fell in deep gorge at Merog, Ramban. The occurrence led to registration of case - FIR No. 56/1997 under Section 279/304-A RPC. The driver of the Truck also died in the accident.

(2.) Kulwant Singh - father of deceased, his mother, widow and two minor children filed claim petition No. 26/claim on 25.10.1997 under Section 166/140, Motor Vehicles Act before the Motor Accidents Claim Tribunal (MACT), Ramban.

(3.) The petitioners asked for compensation of Rs. 10,00,000/- from National Insurance Company, with which the offending Truck was insured as also Shri Dayal Singh S/o Ajit Singh R/o Musa Chak Tehsil R.S. Pura - owner of the offending vehicle.