S. K. TANEJA Vs. AMARJEET SINGH

JUDGEMENT

(1.) Anjana Taneja (born on 01.09.1954), working as a stenographer in Punjab National Bank at the then gross salary of Rs.14,314/ - per month, died as a result of injuries suffered in a motor vehicular accident that occurred at about 6.15 PM on 30.05.2000 when the scooter bearing registration No.DAK 5568 (the scooter) on which she was riding pillion was involved in a collision with a blue line bus bearing registration No.DL 1PA 1974 (bus), admittedly insured against third party risk with the third respondent (insurer) for the period in question. Her husband and two children brought a claim petition under Sections 166 and 140 of Motor Vehicles Act, 1988 (M V Act) before the motor accidents claims tribunal (tribunal) on 23.10.2000 whereupon it was registered as suit No.411/2000. In the claim petition, the insurer, driver and the registered owner of the bus were impleaded as party respondents, on the basis of pleadings that the accident had occurred due to rash/negligent driving of the bus which had hit the scooter from behind. This contention was upheld on the basis of evidence led.

(2.) By judgment dated 13.03.2007, the tribunal awarded compensation in the sum of Rs.15,15,000/ - with interest at 7% per annum from the date of filing of the petition till realization in favour of the claimants (now appellants before this Court). Since the insurance policy cover was admitted, the insurer was directed to satisfy the award.

(3.) The compensation awarded by the tribunal included Rs.14,84,892/ - calculated as loss of dependency to which Rs.25,000/ - was added as composite damages on account of loss of love & affection and loss of consortium besides Rs.5,000/ - towards funeral expenses.