KARAM SINGH Vs. BALWINDER KAUR

JUDGEMENT

(1.) The present appeal has been preferred by one Karam Singh, hereinafter described as 'the appellant' directed against the award of the Motor Accidents Claims Tribunal, Ludhiana, dated 3.9.1999. By virtue of the impugned award, the learned Tribunal had awarded compensation of Rs. 1,00,000 in favour of the claimants Balwinder Kaur and Bachit-tar Singh (respondent Nos. 1 and 2 respectively in the present appeal) with interest at the rate of 12 per cent per annum from the date of the claim petition till payment is made.

(2.) The facts relevant in this case are that claimant-respondent Nos. 1 and 2 had filed a petition under section 166 of the Motor Vehicles Act (for short 'the Act') asserting that Gurpal Singh died in the road accident on 21.11.1994. The deceased was going on his bicycle to village Daad for purchasing the goods. When he reached near poultry farm, a truck bearing No. PAT 3204 driven by Balwinder Singh respondent came from behind. It was being driven in a rash and negligent manner and no horn was blown. It struck against the deceased who was crushed and died at the spot. The driver has not been able to control the truck because of high speed. The witness to the occurrence was Joginder Singh s/o Hardit Singh who was behind the deceased at that time. It is he who got recorded the first information report. The deceased was 13 years of age at the time of his death and was stated to be earning Rs. 600 per month.

(3.) The appellant is owner of the truck and along with the driver had filed a joint written statement. It was denied that the deceased was 13 years of age and was earning anything. Plea was raised that the truck was insured with National Insurance Co. Ltd. The liability to pay compensation was denied. It was denied that the truck referred to was involved in the accident.