NATIONAL INSURANCE CO LTD Vs. BRIJ PAL SINGH

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act has been preferred against the judgment and award dated 6.1.2002 of the Motor Accidents Claims Tribunal/Additional Judge, Court No. 19, Meerut, by which the claim petition filed by Brij Pal Singh (respondent No. 1) was allowed and appellant insurance company was directed to pay Rs. 1,28,400 as compensation along with interest at the rate of 9 per cent from the date of filing of the claim petition till the date of payment.

(2.) The appeal was heard for admission on 15.4.2002 when notice was issued to the respondents and a direction was issued to summon the trial court record. In response to the notice Mr. V.P. Singh Charak and Mr. D.R. Choudhary put in appearance on behalf of Pramod Kumar, respondent No. 2. Thereafter with the consent of the parties, the appeal was finally heard at the admission stage.

(3.) Brij Pal Singh, respondent No. 1, filed a claim petition on 18.2.1998 under sections 140 and 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') impleading Pramod Kumar and National Insurance Co. Ltd. (hereinafter referred to as 'the insurance company') as opposite parties to the petition. The case set up in the claim petition was that on 17.11.1997 claimant was going to Baraut in bus No. UHN 1082. At about 5.45 p.m. truck No. DLIG-A 5419 which was being driven rashly and negligently at a very fast speed came from the opposite direction. The truck collided with the bus due to which two passengers sitting in the bus died and few others including the claimant received injuries. All the injured were removed to Government Hospital at Baraut where they were provided medical aid. The claimant subsequently got himself treated in a private nursing home. He received fracture in his leg and several other injuries. According to the claimant he was 30 years of age and earning about Rs. 5,000 per month from agriculture and working as conductor of a bus. It was prayed that an amount of Rs. 3,00,000 along with interest at the rate of 18 per cent be awarded as compensation to him.