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2008 Supreme(P&H) 996

T.P.S.MANN
Gobind Ram – Appellant
Versus
Umed Singh – Respondent


Judgment

T.P.S.Mann, J.

1. Petition filed by Umed Singh-respondent under Section 110A of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) for the grant of compensation of Rs. 75,000/- on account of receiving injuries suffered by him in a road accident, was partly accepted and he was granted the compensation of Rs. 16,000/- along with costs and interest at the rate of 12% per annum, to be paid by Kewal Singh-respondent No. 2 and Gobind Ram-appellant, who were driver and owner of the offending vehicle, jointly and severally. Aggrieved of the same, the owner of the offending vehicle has filed the present appeal.

2. The only controversy in the present case is as to who has to pay the amount of compensation. Whether it was to be paid by the owner and driver of the offending vehicle or by the Insurance Company with which the vehicle in question was insured?

3. The offending truck bearing registration No. RJK.-7006 was owned by one Mohinder Singh. It stood insured with respondent-Insurance Company for third party risks with effect from 8.8.1985 upto 7.8.1986. The accident in question took place on 11.1.1986, which was admittedly within the currency of the insurance policy.













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