- (1.) By way of this appeal against Award dated 8.12.2001, the appellant Insurance Company has sought discharge from its liability claiming that the Tribunal has misread and misconstrued the oral as well as documentary evidence. It is, interalia, pleaded that the offending vehicle at the time of accident was being driven in contravention of the terms and conditions of the policy of insurance and that the accident had occurred due to the sole negligence and carelessness on the part of the respondent-driver of the offending vehicle i.e. double decker truck bearing No.HR38/2295. It is elaborated that the truck had been parked under the hanging electric wires and because of such wrong parking of the truck there was electrocution of the deceased. It is claimed that had the driver been vigilant and had he exercised due care and precaution, the accident could have been avoided. In this regard reference has been made to the testimony of PW1 Ram Niwas father of the deceased and police report Ex.P1 and Ex.P2. It is then canvassed that neither driving licence nor other relevant documents of the respondent-driver were available on record and thus adjudication by the Tribunal against it, was not sustainable. It is then claimed that even when owner/insured had not been held liable the Insurance Company exclusively had been held liable. Claiming approach of the Tribunal to be wrong and untenable in law, acceptance of the appeal has been sought.
(2.) Naresh Kumar in the capacity of a helper was travelling in the offending truck. He was sitting besides the driver. When the truck was being driven in the area of village Katahore, Police Station Sarsa Ganju, District Ferozabad(U.P.) around 6:30 A.M. on 18.8.1998, the same came into contact with live electric wires running on the road side resulting into the death of said Naresh Kumar. The vehicle in question was meant for carrying Maruti cars, manufactured by M/s Maruti Udyog Ltd. Gurgaon (Haryana) respondent No.5 herein and the same was engaged in this job even at the relevant time. On the relevant day, the offending vehicle was coming from Lucknow (U.P.) to Delhi, after unloading the Maruti cars at the desired destinations.
(3.) Parents of the deceased Naresh Kumar claimed age of deceased to be 20 years and his earning to be Rs.3,000/- per month. After considering the evidence on record vide impugned Award, the claimantsrespondents had been awarded compensation of Rs.1,17,000/- with costs and interest @ 9% per annum from the date of filing of the petition till payment thereof, while claim of the appellant Insurance Company is that despite resistance offered by it, the compensation was awarded albeit wrongly by the Tribunal.;