UNITED INDIA INSURANCE CO LTD Vs. KAWALJEET KAUR

JUDGEMENT

(1.) The appellant, United India Insurance Co. Ltd., insurer of the offending vehicle has preferred the present appeal challenging the impugned order dated 01.03.2007 passed by the learned MACT. The impugned award has arisen out of the claim petition filed by respondent Nos.1 to 5 against the appellant as well as respondent nos. 6 and 7 claiming compensation for the death of Sh. Pritpal Singh.

(2.) The brief facts which are necessary for deciding the present appeal inter alia are that respondent Nos.1 to 5 are the legal heirs of deceased Sh. Pritpal Singh who died on 18.07.2004 On 18.07.2004 at about 02:00 a.m. the deceased Sh. Pritpal Singh was travelling from Udaipur towards Delhi in a bus bearing registration no. RJ 19 IP 2828, which was being driven by the driver in a very rash and negligent manner and at a high speed. When the bus reached infront of HPCL Gas plant, driver of the bus suddenly applied break after seeing a Trailor (Truck), due to the sudden breaks being applied when the bus was moving swiftly, the deceased was thrown out of the bus. The bus hit the trailer and Sh. Pritpal Singh as well as another person died in the accident on the spot.

(3.) The Tribunal after taking into consideration the facts of the case as well as evidence led by the parties had passed an award in the sum of Rs.16,05,000/- along with interest at the rate of 7% per annum payable from the date of the institution of the petition till the realization of the award. The said order passed by the Tribunal is now under challenge in the present appeal.