ORDER

J.M. Malik, (P.M) - The rash, negligent and irresponsible drivers cause serious accidents without due regard to traffic regulations. The Principal reason for these fatal accidents is over-loading of the trucks. It is painful and galling that the authorities particularly the police turns a Nelson's eye towards such like illegalities.

2. Sh. Parshotam Kumar, the complainant, is the owner of the Tata Truck, which was insured with the New India Assurance Co. Ltd., the petitioner/OP. The above said Truck met with an accident near Thatian Mahnta. A report was lodged with the police and information was given to the insurance company. The vehicle was driven by Ram Pal Sharma, who passed away in that accident. The Surveyor, observed, as under :-

"Details of Load Challan :

The vehicle was loaded with Crushed Stone 400eft., moving from Pathankot towards Lehra Mohabbat, Copy of G.R. No. 2603 dated 22.04.2011 enclosed. As per the Standard Wt. Chart, the wt. Stone per Cu/Mtr., is 2240 to 2400 per Cu., Meter, depending upon the condition, i.e., dry or wet. If we consider the dry stone even then it works out to 400/35.314 x 2240 = 25372 kg., against the permissible load of 25000-9800 = 15200 k