NEW INDIA ASSURANCE COMPANY LIMITED Vs. USHA DEVI

JUDGEMENT

(1.) Leave granted.

(2.) By these appeals to special leave, the Insurance Companies have laid challenge to the order dtd. 12/2/2020 passed in Usha Devi & Ors. v. Chatar Pal Singh Yadav & Ors. passed by the High Court of Punjab & Haryana, whereunder the award of the tribunal which had dismissed the application for grant of compensation came to be set aside and awarded a lumpsum compensation of Rs.15.00 lakhs with interest @ 9% p.a. Hence, these appeals by the insurers of both the vehicles involved in the accident, on whom joint several liability is fastened.

(3.) Facts essential for the adjudication of the present matter are briefly narrated. On the unfortunate night of 15/11/2006, Mr. Surender Singh was driving a truck bearing No. HR-38L/6727, and his vehicle was hit by the dumper bearing registration No. HR-38H-9100 in the area of Pali Crusher Zone, and due to the impact he sustained serious injuries, and was rushed to GTB Hospital, Delhi, where he expired away on 22/11/2006 while being treated. FIR No. 411 dtd. 15/11/2006 came to be registered u/s 279/337/ 304-A IPC, 1860 at Police Station Ballabgarh against the driver of the dumper. A claim petition under Sec. 163A of the Motor Vehicles Act, 1988 came to be filed by the dependents of deceased seeking compensation of Rs.15,00,000.00 alleging Mr. Islam, driver of the offending vehicle namely crusher bearing registration No. HR-38H-9100 was driving the vehicle in a rash and negligent manner and had caused the accident. It was also contended that at the time of the accident, deceased Surender Singh was working as a truck driver and drawing monthly salary of Rs.3,000.00 and was aged 35 years. It was also contended that he was survived by six dependents, i.e., his wife Smt. Usha Devi, four children and his aged mother.