NATIONAL INSURANCE CO LTD Vs. RENUE

JUDGEMENT

(1.) This is an appeal by the National Insurance Company Limited against the order dated 04.02.2000 passed by the 5th Additional Motor Accidents Claims Tribunal, Durg in Claim Case No.36/95 whereby the learned Claims Tribunal has awarded Rs.25,000/- as total compensation to the respondent No. 1/claimant in an injury case.

(2.) Brief facts of the case, in a nutshell, are on fateful day of 15.05.1995 at about 7.00 a.m. when the respondent and husband were going from Bhilai to Durg on scooter bearing No. M.P. 24/7935, at the same time, the respondent No.2, who was driving TATA tipper bearing registration M.P. 24 C/2072 (for short 'the offending vehicle'), owned by respondent No.3 and insured by the appellant, in a rash and negligent manner, dashed the scooter after hitting a tree. Due to such dash, both the respondent No.1 and her husband got serious injuries, as a result of which, the husband of respondent No.1 died instantaneously.

(3.) As against the compensation of Rs.1,00,000/- sought by the respondent No.1 by filing claim petition 166 of the M.V.Act for the injuries sustained by her in the motor accident on 15.5.1995, the learned Claims Tribunal, on close scrutiny of the evidence led by the parties and submissions made by them, awarded a sum of Rs.25,000/- with interest at 6% per annum from the date of filing of claim petition till realization. The Tribunal further directed respondents No.1 to 3 to pay compensation amount jointly and severally. It is this order, which is under challenge by the insurer / appellant.