NATIONAL INSURANCE CO LTD Vs. YAD RAM

JUDGEMENT

(1.) The present appeal under Sec. 173 of the Motor Vehicles Act (hereinafter, 'MV ACT'), preferred by the insurance company, seeks to assail the award dtd. 29/1/2018 passed by the learned Motor Accident Claims Tribunal (hereinafter, 'the learned Tribunal'). Vide the impugned award, the learned Tribunal has awarded a sum of Rs.97,23,040.00 with interest @ 9% p.a., as compensation to the claimants/respondent nos. 1 to 4, who are the two minor sons and parents of the deceased Shri Raj Kumar, who died in the accident on 13/12/2016.

(2.) Before dealing with the submissions of learned counsel for the parties, the brief factual matrix, as is necessary for adjudication of the present appeal, may be noted.

(3.) On 13/12/2016, Sh. Raj Kumar, a constable/GD in the Central Reserve Police Force (CRPF) along with his wife namely Smt. Seema Devi and 9 years old daughter Ritu was travelling on a motor cycle bearing registration number UP-81AA-0367. On reaching Kalandi Kunj Road No. 13, near Metro Yard, New Delhi, the motor cycle was hit from behind by a truck bearing registration number HR-38V-6909. The truck which was insured with the appellant was being driven by respondent no.5/driver of the insured truck. In the accident, Sh. Raj Kumar, his wife Smt. Seema and minor daughter Ritu, all succumbed to the injuries sustained by them. Consequently, a Detailed Accident Report (DAR) being MACT No. 710/2017 was filed by the police. Relying on the same, the two minor sons and aged parents of Sh. Raj Kumar preferred a claim seeking compensation on account of his death due to the accident. Similar claims were raised by them seeking compensation on account of the death of Smt. Seema and Ritu in the same accident. Even though all the three claims have been allowed vide the common impugned award, since the grounds for grant of compensation in respect of the three claims are different, three separate appeals have been filed by the insurance company and are being decided separately. The present appeal deals only with the challenge to the compensation granted on account of the death of Sh. Raj Kumar.