NATIONAL INSURANCE CO LTD Vs. GAUTAMCHAND LUNIA

JUDGEMENT

(1.) This appeal has been filed by the appellant/Insurance Company on the ground of quantum against the impugned award dated 29.7.1999, passed by the Second Additional Motor Accident Claims Tribunal, Durg in Claim Case No. 115/97, awarding a sum of Rs. 7,01,992 along with interest @ 12% per annum, holding the appellant/Insurance Company as liable to pay the amount of compensation.

(2.) We have heard learned Counsel appearing for the parties and perused the lower Court record as well as the findings given in the impugned award.

(3.) Brief facts, in nutshell, are that on 15.2.1997 Vijay Laxmi, Kamla Bai and Akheraj Lunia were going to Durg from Rajnandgaon by Fiat Car, bearing registration No. MP 23-L/2723 and the car was being driven by Dev Prakash. As soon as the car reached in front of Sangam Fuel Petrol Pump, Pulgaon, a Truck, bearing registration No. M.P. 23-DA/1291, being driven by the non-applicant No. 1 (Babulal) in a rash and negligent manner hit the car from the opposite direction. In that accident Vijay Laxmi, Kamla Bai and Dev Prakash died. The offence was registered in the Police Station - Pulgaon against the non-applicant No. l at Crime No. 51/97 under Section 304-A of the Indian Penal Code.