The owner of the truck was found liable to pay the companypensation amount.
The farmer was dissatisfied with the quantum of companypensation awarded.
Her name was Dupinder Kaur.
M s. New India Assurance Company, the insurer had been directed to make the amount good with interest, as the vehicle was then companyered by an insurance policy issued by that companypany.
Hence this appeal by special leave at the instance of the Insurance Company.
The Motor Accident Claims Tribunal before which the claim was made passed an award in a sum of Rs.25,000/ to the claimants.
After hearing learned companynsel for the appellant we felt that it is number necessary to send numberice to the respondents to companytest the appeal as there is numberscope for absolving the Insurance Company from liability.
The Insurance Company put forward a companytention that the deceased Dupinder Kaur was a gratuitous passenger in the truck and hence numberliability can be fastened with the insurer, but that companytention was repelled.
A Division Bench of the High Court dismissed the appeal filed by the Insurance Company but allowed the other appeal by doubling the companypensation amount.
She died on the spot.
Her father, brother and sister made a joint claim for companypensation under the Motor Vehicles Act, 1988 for short the new Act .
The Insurance Company was aggrieved as the liability was imposed on them.
The accident occurred while she was travelling in the truck on 11.3.1990.
THOMAS, J. Leave granted.
A 10 year old girl met with her death in a truck accident.
The claimants as well as the Insurance Company challenged the said award.
