ORIENTAL INSURANCE CO LTD Vs. KAMLESH SHARMA

JUDGEMENT

(1.) HEARD. Grounds are sufficient to condone the delay. Delay is condoned. The appeal is admitted.

(2.) THIS appeal under section 173 of the motor Vehicles Act, 1988 (for short 'the act') is directed against the judgment and award dated 1. 2. 1999 passed by the Motor accidents Claims Tribunal/district Judge, pauri Garhwal (in short 'the Tribunal') in motor Accident Claim Petition No. 60 of 1998, Kamlesh Sharma v. Oriental insurance Co. Ltd. , whereby compensation of rs. 2,00,000 has been awarded in favour of the claimants against the insurance company, appellant. Rider of interest was also put in case the amount of compensation is not paid within a period of one month.

(3.) THE relevant facts of the case are that the claimants filed a claim petition before the learned Tribunal for compensation of rs. 20,35,000 in respect of death of Sushil kumar, husband of the claimant No. 1, aged 25 years and earning Rs. 5,000 per month in a motor vehicle accident, which occurred on 7. 4. 1998, involving bus No. UP 06- 1031 due to negligence on the part of its driver. It is alleged that deceased was busy in repairing the vehicle and he was crushed due to negligent driving. He was rushed to Government Hospital, Kotdwara and from there he was referred to better treatment, but the deceased succumbed to his injuries. The bus was owned by the opposite party No. 2 and it was duly insured with the appellant insurance company.