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-Tibetan Border Police (ITBP), died on 29.9.1997 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, F.I.R. No. 56 of 1997 under sections 279/304-A, Ranbir Penal Code. 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 sections 166/140, Motor Vehicles Act before the Motor Accidents Claims Tribunal (M.A.C.T.), Ramban.

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