NEW INDIA ASSURANCE CO LTD Vs. DARSHAN KAUR

JUDGEMENT

(1.) <DJG>VINOD K.SHARMA, J.</DJG> This appeal has been filed by the Insurance Company against the award of the Motor Accident Claims Tribunal, dated 2/8/1994.

(2.) The facts leading to the filing of the present case are that on 1/3/1992 Surinder Singh deceased while proceeding on his scooter No.PAH-4426 from Sirhind to Patiala met with an accident with truck bearing registration No. PB-10C-9831 driven by Shri Amarjit Singh, respondent No.2. It was the case of the claimants that the said truck was being driven by him rashly and negligently in a zig zag manner and on account of the accident Surinder singh deceased died at the spot. The accident was witnessed by Sarvshri Rajinder Singh and Sucha Singh. However, according to the claimants, driver Amarjit Singh and owner Jarnail Singh were influential persons and made a false report. It was also the case of the claimants that Surinder Singh deceased was working as Head Constable with the Punjab Police and was aged about 32 years. His salary at the time of the accident was Rs.2650.00 per month and accordingly a sum of Rs.5 lacs was claimed as compensation.

(3.) The claim petition was contested by respondent No.1 Jarnail Singh, owner of the truck, where he took a plea that no accident had taken place on 1-3-1992. According to him, story of accident was fabricated and concocted one and the claim petition was filed in order to grab money from the respondents.