Punjab-Haryana High Court
National Insurance Co. Ltd vs Smt.Teja Kaur And Others on 31 October, 2012
Author: T.P.S.Mann
Bench: T.P.S.Mann
FAO No.1378 of 1997 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO No.1378 of 1997
Date of Decision : October 31, 2012
National Insurance Co. Ltd.
.....Appellant
VERSUS
Smt.Teja Kaur and others
.....Respondents
CORAM: HON'BLE MR. JUSTICE T.P.S.MANN
Present : Mr.Inderjeet Sharma , Advocate for the appellant.
Mr.Vishal Goel, Advocate for
Mr.P.K.Gupta, Advocate for respondents No.1 to 5.
Mr.G.S.Bawa, Advocate for respondents No.6 and 7.
T.P.S. MANN, J. (Oral)
The insurer of truck No.CHW-6625 has filed the present appeal against the order dated 3.6.1997 passed by the Motor Accidents Claims Tribunal, Rupnagar whereby claimants- respondents were awarded an amount of Rs.50,000/- only under Section 140 of the Motor Vehicles Act ( in short the 'Act') on the principle of 'No Fault Liability' Clause.
The Tribunal, after perusing evidence available on the file, had held that Truck No.CHW-6625 was not shown to be driven in a rash and negligent manner by respondent No.6 Joga Singh and, therefore, the claimants could not be granted any compensation under Section 166 of the Act. However, as the deceased was hit by the aforesaid truck, its insurer was liable on pay an amount of Rs.50,000/- under Section 140 of the Act.
FAO No.1378 of 1997 2
The plea of respondents No.6 and 7, that the deceased was sitting on the mudguard of tractor No.PB-12-7678 and he had fallen therefrom and in the process received injury on the head had not been believed by the Tribunal. However, fact remains that the deceased had suffered injuries on account of being hit by truck bearing No.CHW-6625 and, therefore, the claimants were entitled to receive the amount of Rs.50,000/- under 'No Fault Liability' clause.
The appeal is without any merit and, therefore, dismissed.
( T.P.S. MANN )
October 31, 2012 JUDGE
sd