NATIONAL INSURANCE CO LTD Vs. SUDARSHAN DEVI

JUDGEMENT

(1.) THIS order of mine will dispose of F. A. O. No. 546 of 1988 filed by the Insurance Company for setting aside the award of the Motor Accident Claims Tribunal, Ambala and Cross Objection No. 36-CII of 1988 filed by the claimants for enhancement of compensation.

(2.) THE Motor Accident Claims Tribunal, Ambala vide its award dated 7. 1. 1988 on a claim petition filed by Smt. Sudarshan Devi and others had awarded a sum of Rs. 1,08,000/- to the claimants on account of death of Madan Lal in a road accident on 26. 3. 1987. The liability to pay compensation was fastened on the Insurance Company with which the offending truck bearing registration No. HPS-4130 was duly insured.

(3.) THE case of the claimants before the Tribunal was that on 26. 3. 1987, Madan Lal, deceased, who was employed with M/s Shanker Fruit Traders, Rajpura Town, was travelling in truck bearing registration No. HPS-4130 in which fruits belonging to the firm were loaded. He was sitting on the seat behind the driver. When the truck was in the process of taking a turn towards Jandil Bridge, it hit the iron rods fixed on the bridge and fell in the pits. The driver of the truck had not slowed down the truck as a result of which the truck had fallen and Madan Lal received multiple injuries. He was removed to the Civil Hospital, Ambala City where he succumbed to his injuries. The driver and the cleaner of the truck fled away from the spot. The accident was witnessed by A. S. I. Inder Singh.