Rajesh Bindal, J. - (1.) This appeal is filed by the Insurance Company solely on the ground that in terms of provision of Section 95(2) of the Motor Vehicles Act, 1939, the liability of the insurance company is limited to the extent of Rs. 1,50,000/- and the award of the Tribunal, whereby the insurance company has been made liable to satisfy the entire award, be set aside. The claimants have also filed cross- objection bearing No. XOBJ 41-CII of 1990 for enhancement of compensation. According to them, the amount awarded by the Tribunal is not in consonance with the evidence on record.
(2.) I have heard counsel for the parties and perused the record. Brief facts, as noticed in the award, are that deceased-Amarjit Singh, constable in Punjab Police, died in an accident occurred on 18.11.1987 at about 7 P.M., while returning from the Office of Deputy Inspector General of Police, Jalandhar Range, Jalandhar, in the Punjab Armed Police Lines, after delivering letters. Deceased was knocked down by tractor trolly bearing No. PJJ-4873 driven by Satpal Singh, and Jaspal Singh and Manmohan Singh were owners of the tractor trolly. The same was insured with the appellant-insurance company.
(3.) As far as the question of negligence is concerned, the Tribunal recorded a categoric finding that the driver-Satpal of the tractor trolly came from opposite side on a very high speed. The same was being driven on the wrong side of the road without head lights on. Consequently, it hit the motor cycle inspite of the deceased having taken the same to its extreme left, as a result of which the deceased fell right in front of the tractor. The same version was given by Head Constable Bhupinder Singh, who was the pillion rider of the motor cycle driven by the deceased, who lodged FIR with the police.;