SATENDER KAUR Vs. JAGDEEP SINGH

JUDGEMENT

(1.) THIS appeal has been preferred by the claimants against the award dated 09. 02. 1994 made by the Motor Accidents Claims Tribunal, Sri Ganganagar in Claim Case No. 95/1987 whereby the Tribunal has awarded compensation on account of accidental death of Amrik Singh (30 years), husband of the claimant No. 1 and father of the claimants Nos. 2 & 3 in the sum of Rs. 50,000/- together with interest @ 12% per annum from the date of filing of claim application against the transferee owner, driver, and insurer of the vehicle involved in accident.

(2.) THE claimants, wife and two minor children of the vehicular accident victim Amrik Singh, submitted the claim application on 04. 03. 1987 on the averments with reference to an FIR lodged by Gopi Ram (non-applicant No. 5) that on 04. 12. 1986 at about 7. 00 a. m. , while he (Gopi Ram) was taking his tractor bearing registration No. RRK 6169 towards Anupgarh, an oncoming jeep bearing registration No. RRK 233 hit against the trolley of the tractor and came to halt 20 paces ahead; the tractor driver and his brother reached the jeep whose driver stated his name Kewal Kumar and it was found that Amrik Singh, an occupant of the jeep had expired due to head injuries and another occupant Paramjeet Singh sustained injuries; and that the accident was caused by rash and negligent driving of the jeep that led to the death of Amrik Singh.

(3.) ON the other hand, the non-applicants Nos. 4 and 5 Hansraj and Gopiram, owner and driver of the tractor asserted that the accident occurred for rash and negligent driving of the jeep and also pointed out that the tractor was insured with New India Assurance Company Limited under insurance policy dated 01. 08. 1986. The non-applicant No. 6, insurer of the tractor, in its reply submitted that the said tractor was insured in the name of Rameshwar Das and Meera Devi whereas in the claim application Hansraj was shown as the owner of the tractor and it appeared that the tractor was purchased by Hansraj before accident but insurance cover was not transferred in his name and, therefore, the insurer was not liable. The non-applicants Nos. 5a & 5b, Rameshwar Lal and Meera Devi, were impleaded as owners of the tractors by the order dated 08. 05. 1992. The non-applicant No. 5a did not file any reply but by way of an application dated 15. 09. 1992 (placed in part D of record at page 42) stated that his mother Meera Devi (non-applicant No. 5b) had expired and that the tractor in question had already been sold to Hansraj and Gopi Ram on 11. 08. 1986.