UNITED INDIA INSURANCE CO LTD Vs. SEEMA RANI

JUDGEMENT

(1.) RAJEEV Gupta, C. J. This is insurer's appeal against the Award dated 23-01-2006 passed by Motor Accident Claims Tribunal/lst Addl. District Judge, Udham Singh Nagar in Motor Accident Claim Petition No. 36 of 2004.

(2.) CLAIMANTS Smt. Seema Rani and Eshan Chawala, who are widow and mi nor son of deceased Vijay Kumar Chawala, claimed compensation of Rs. 11,15,000/- for his death in the motor accident on 04-12- 2003, when his mo torcycle was dashed by the offending vehicle Tata Sumo bearing registration No. DL4c-F-8242 resulting in serious in juries to Vijay Kumar Chawala, who suc cumbed to those injuries during the course of his treatment in the hospital. On the report of the accident by eye-wit ness Pankaj Chawala, a case was regis tered against the driver of the offending vehicle Tata Sumo at Police Station Gadarpur at Crime No. 376 of 2003 for the alleged commission of the offences punishable under Sections 279 and 304 of the I. PC. The claimants pleaded that deceased Vijay Kumar Chawla was run ning a Photo Studio and was earning Rs. 6,000/- per month.

(3.) THE Tribunal, on a close scrutiny of the evidence led by the parties, held that deceased Vijay Kumar Chawla died on account of the injuries sustained by him in the accident; the accident oc curred due to the sole negligence of the driver of the offending vehicle Tata Sumo; and, as the offending vehicle Tata Sumo was insured with United In dia Insurance Company Ltd. , the Insur ance Company was liable to pay com pensation to the claimants.