KESHAV SINGH Vs. VALUATION OFFICER

JUDGEMENT

(1.) THIS appeal has been filed against the award of the Motor Accidents Claims Tribunal, Banner, dated April 27, 1989, by which it has awarded Rs. 1,17,400/- as compensation to the claimant-respondent Nos. 1 to 7. The facts of the case giving rise to this appeal may be summarised thus.

(2.) ON November 23, 1986, the deceased Umedaram was going on his motor cycle No. RJC 1591 from Mahavir Nagar, Banner to Banner City. When he came in front of the factory of Jiwana Ram Choudhary (under construction), Nishan truck No. RJC 1261 came from the opposite direction with an excessive speed on its wrong side and dashed against the said motor cycle which was going on its correct side of the road. The truck was being driven by its driver Tej Singh, respondent No. 10. As a result thereof, Umedaram died on the spot and his motor cycle was badly damaged. Report was immediately lodged in the police station by Bega Ram, PW 2. A case under Section 304-A, Indian Penal Code, was registered against the driver Tej Singh and investigation commenced. ON March 11, 1987, a claim petition was filed before the Motor Accidents Claims Tribunal, Banner by the widow, three minor sons, one minor daughter and parents of late Umedaram for Rs. 9,95,123/- against the driver of the truck Tej Singh, respondent No. 10, owners Babulal, respondent No. 8 and Manakmal, respondent No. 9 and insurer United India Insurance Co. Ltd. (appellant) with the allegations, in short, that the deceased Umedaram was 33 years old at the time of the accident, he was earning Rs. 50/-per day as a mason, while he was going on his motor cycle No. RJC 1591, Nishan truck No. RJC 1261 came to its wrong side with an excessive speed and dashed against the motor cycle, as a result thereof he died on spot, he has left behind him the claimants who were wholly dependent upon him, at that time the truck was owned by Manakmal and Babulal and was insured with the United India Insurance Company Ltd.

(3.) IT is also not open to the insurance company to challenge the quantum of compensation awarded to the claimants.