JUDGEMENT
B. N. Sapru, J. -
(1.)ONE Sardar Kuldeep Singh who was found to be the owner of truck No. UPG 2422, was going in his truck from Allahabad to Kanpur. At about 12 in the night on 23-4-1970 his truck reached village Bakandha. It was stopped there so that some bags of onion could be loaded on the truck. It was found that the truck was parked on the left side of the road on kuchcha pavement. Sardar Kuldeep Singh was on the kachcha pavement when truck No. UP 7509 owned by the appellant Satnam and insured with the respondent No. 6, Northern India General Insurance Company Limited, came from behind and the truck has been found to have crushed Sardar Kuldeep Singh. It had also been found that truck No. UP 7509 driven by Raj Bahadur Singh was being driven in a rash and negligent manner. After crushing Sardar Kuldip Singh, the truck hit truck No. UPG 2422 and pushed it further about 20 feet towards west.
(2.)BECAUSE of the accident the legal representatives of the deceased filed a claim petition before the Motor Accident Claims Tribunal.
The claim petition has been decreed in the amount of Rs. 40,000/-. The Tribunal ordered half the amount awarded, namely Rs. 20,000/-, should be paid by the appellant and the balance by the Northern India General Insurance Company Limited, the respondent No. 6.
Aggrieved by the order of the Tribunal, Satnam has filed this appeal.
(3.)THE only argument advanced on behalf of the appellant is that the Tribunal erred in holding that the Insurance Company was liable to pay only half of the amount of compensation, namely Rs. 20,000/-. It is urged that the entire amount should be payable by the Insurance Company.
The only question in this case is whether or not the Insurance Company should also be liable to pay the entire amount of compensation awarded.
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