NEW INDIA ASSURANCE CO. LTD Vs. ANITA

JUDGEMENT

(1.) The petitioner is aggrieved by the judgment of the learned Single Judge of Delhi High Court, who declined to interfere with the award passed by Motor Accident Claims Tribunal, Delhi (for short, 'the Tribunal') in Suit No. 100-A of 2000.

(2.) In an accident, which occurred on 9 February, 1981, Shri Jai Bhagwan, who was sole bread winner of the family was killed when the scooter driven by him was hit by bus No. DEP-2238, which was insured with the appellant vide policy No. 4517116495. The legal representatives of Shri Jai Bhagwan (respondent Nos. 1 and 2 herein) filed petition under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act') and prayed for award of Rs. 10 lakhs by way of compensation. They alleged that the accident was caused due to rash and negligent driving of the bus by its driver, Shri Parma Nahd. The appellant-Insurance Company, respondent No. 4- M/s. National Electric Supply Trading Corporation and respondent No.5- Delhi Transport Corporation contested the claim petition by filing separate written statements. In its reply the appellant raised several objections including the one that respondent Nos. 1 and 2 do not have any cause of action against it and that the amount claimed was excessive. The appellant also denied that respondent Nos. 1 and 2 were legal heirs of deceased, Jai Bhagwan and prayed that the claimants be put to strict proof of the allegations made by them.

(3.) After considering the pleadings of the parties and evidence produced by them, the Tribunal held that the accident was caused due to rash and negligent driving of the bus by its driver and that Shri Jai Bhagwan died as a result of accident. The Tribunal then considered the age and income of the deceased and passed award dated 13 December, 2005 the operative part of which reads as under: