NEMI CHAND Vs. GOVIND RATHORE

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Biora, in Claim Case No. 27 of 1992 dated 30.6.1997.

(2.) The accident took place on 14.5.1992 when the bus, in which the deceased was travelling turned turtle. On account of death of deceased, a claim petition, at the instance of his legal heirs, namely, widow and children, was filed. The allegation is that the accident took place due to rash and negligent driving of the bus otherwise it would not have taken place. Compensation of Rs. 10,00,000 (ten lakh) has been claimed but an award of Rs. 2,25,000 (two lakh and twenty-five thousand) carrying interest at the rate of 14 per cent from the date of application till date of payment has been awarded. The defence of insurance company in this case is that cover note issued by the Development Officer of the company is not genuine document having been procured by owner of the vehicle after the accident. The Claims Tribunal after consideration of rival cases of the parties came to a conclusion that the accident took place as alleged and, the deceased died in this accident. With respect to the cover note the finding is that it appeared to have been obtained fraudulently. Therefore, the responsibility for paying the compensation has been thrown on the owner of the vehicle, who has challenged the award in this appeal.

(3.) Counsel for the parties are heard and record perused.