- (1.) This appeal is directed against the award dated 09.06.1992, passed by Motor Accidents Claims Tribunal, Faridkot (for short 'the Tribunal') vide which the compensation of Rs.1,08,000/- has been awarded to the claimants. The owner of the offending bus is in appeal before this Court challenging the liability to pay the compensation.
(2.) The brief facts of the case are that on 16.04.1989 Mukhtiar Chand was travelling in bus No. PAB3148 belonging to the appellant-respondent No.2 i.e. Deep Bus Service, Gidderbaha from Muktsar to village Gilzewala. The bus was being driven by Mander Singh. The electric wires had been laid over the road near the bus stand of village Gilzewala. Tin boxes meant for storing wheat had been loaded over the roof of the bus. When the bus stopped near the bus stand, said tin boxes came in contact with the electric wires resulting into electric shock due to which Mukhtiar Chand and two other bus passengers died on the spot while, many others received injuries. The legal representatives of deceased Mukhtiar Chand filed a claim application before the Tribunal. The Tribunal, vide impugned award, allowed a sum of Rs.1,08,000/- to the claimants as compensation. However, the liability to pay the amount of compensation was fastened upon the owner and driver of the offending vehicle.
(3.) The Insurance Company was exonerated from the liability on the ground that the vehicle in question had been purchased by the appellant prior to the accident from M/s Guru Teg Bahadur Transport Society Ltd, Suryawala, Head Office Gilzewala. The factum of transfer was not brought to the notice of the Insurance Company. The policy was not transferred in the name of the appellant. There was no contract between the appellant and the Insurance Company, therefore, the appellant i.e. the purchaser of the vehicle in question was held liable to make the payment.;