Judgment:
S.S. Sodhi, J.
1. The appeal here is by the owner of the offending vehicle seeking to challenge the award of the Tribunal in so far as it fastens liability upon him for compensation awarded. The compensation awarded was Rs. 57,600, that payable by the insurance-company was fixed at Rs. 50,000 and the remaining, that is, Rs. 7,600, was held to be payable by the owner.
2. The accident in the present case took place on June 24, 1981, at about 7 a.m. on the Ludhiana-Ferozepore Road. Man Singh, deceased, was walking along the road side when he was run over and killed by the vehicle PUG-9198, coming from behind. It was the finding of the Tribunal, not challenged in appeal here, that this accident had been caused entirely due to the rash and negligent driving of Nihal Chand, the driver of the offending vehicle. As mentioned earlier, compensation awarded to the claimants, they being the parents, widow and son of Man Singh, deceased, was Rs. 57,600.
3. A reference to the material on record would show that though the insurance company had raised the plea that its liability was limited to Rs. 50,000, the copy of the insurance policy, exhibit R/1, is an incomplete copy not containing all the conditions of the policy of insurance. On the face of it from this policy, it is not possible to hold that according to the terms thereof, the liability of the insurance company extended to only Rs. 50,000 and not more. In this view of the matter, there can be no escape from the conclusion that the insurance company must be held to be liable for the entire amount awarded.
4. The present appeal is consequently accepted to this extent. There will, however, be no order as to costs.