S.S. Sodhi, J. - (1.) THE controversy here is with regard to the liability of the Respondent -insurance company for the amount awarded as compensation to the claimants.
(2.) ON October 23, 1974 in an accident between a motor -cycle and a truck at Chowk Gowal Mandi, Amritsar, both the driver as also the pillion rider of the motor -cycle were seriously injured. It is in respect of these injuries that both Havaldar Maluk Singh, the driver of the motor -cycle and Subedar Milkha Singh, the pillion rider thereof filed claims for compensation under Section 110 -A of the Motor Vehicles Act. It was the finding of the Tribunal that the accident took place entirely due to the rash and negligent driving of the driver of the truck PUA 2701. A sum of Rs. 8,000/ - was awarded as compensation to Havaldar Maluk Singh and Rs. 18,000/ - to Subedar Milkha Singh.
(3.) THE liability for the payment of the amount awarded was fastened upon the owner of the offending truck namely Precto Pipe Company and the driver of the truck. It was specifically held that the Respondent -insurance company was not liable for the amount awarded in this case.;