- (1.) This appeal is directed against the judgment and award dated 24.8.2005 passed by the Motor Accident Claims Tribunal, Sriganganagar, Camp at Suratgarh ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs.6,66,000/- as compensation for the death of one Gulab Singh.
(2.) The facts in brief are that an application for compensation under Section 166 was filed before the Tribunal by the parents and wife of Gulab Singh with the averments that on 27.2.2002 their son / husband Gulab Singh was going on the road when Truck No. RRC-828 came from behind, which was being driven rashly and negligently by Awatar Singh and hit Gulab Singh from behind, the truck driver and owner of the vehicle admitted Gulab Singh at Suratgarh Hospital where he succumbed to injuries. It was indicated that the FIR of the said incident was lodged at Police Station Suratgarh and after investigation, the police has filed challan against the truck driver Awatar Singh. The claimants claimed a sum of Rs.25,80,000/- as compensation for untimely death of Gulab Singh, who was aged 27 years and was employed as a truck driver.
(3.) A reply to the application was filed by the owners and driver of the truck and it was contended that the fact of the matter was that while going on the road from Bikaner to Suratgarh, they found a injured person lying at side of the road and it was found that he was Gulab Singh, who was related to Amarjeet Singh, the owner of the truck, therefore, they took the injured to the hospital and lodged the FIR against the unknown driver. However, subsequently, the relatives, only with a view to claim compensation, have lodged false case against them and denied the factum of accident. However, it was stated that if they are found liable then the liability for compensation for the death will be of the appellant-Insurance Company only.;