RAM TRADING Vs. KHUMA

JUDGEMENT

(1.) The instant appeal is preferred by the appellant M/s. Shri Ram Trading through its owner Devkishan against the judgment cum award dated 29.7.2011 passed by the learned Judge, M.A.C.T., Udaipur whereby the respondents no. 1 and 2 the claimants were awarded a sum of Rs. 3,50,000/- as compensation for the death of their son Punjilal.

(2.) The respondents filed a claim petition before the learned Tribunal praying for compensation to the tune of Rs. 18,79,000/- for the death of their son Punjilal who was employed as a labour in a mine at Balesar. It was averred in the claim petition that while the deceased was working in the mine, a truck no. RJ 19-G-5987 owned by the appellant on which a compressor had been attached overturned because of rash and negligent use thereof by its driver and as a result thereof Punjilal working at the mine, was crushed under the vehicle and expired. The Tribunal decided the claim in favour of the claimants and awarded a sum of Rs.3,50,000 as compensation to the claimants.

(3.) The defence raised by the Insurance Company regarding the vehicle being plied without a valid permit and the driver not having a valid licence to drive the transport vehicle were upheld and it was exonerated of the liability to satisfy the award. The appellant owner and the driver of the vehicle were held jointly and severally liable to satisfy the award . However, applying the principle of pay and recover, the Insurance Company was directed to satisfy the award and thereafter to recover the same by filing execution proceedings. The appellant who is the owner of the insured truck has approached this Court by way of instant appeal against the aforesaid direction.