NATIONAL INSURANCE COMPANY LTD Vs. KAMLESH AND ORS

JUDGEMENT

(1.) This order will dispose of the appeal filed by the Insurance Company and the cross objections filed by the claimants challenging the award dated 30.11.2004, passed by the Motor Accidents Claims Tribunal, Panipat (for short, 'the Tribunal'). The award has been challenged by the Insurance Company on merits, as it was submitted by learned Counsel for the Company that the application filed by it under Section 170 of the Motor Vehicles Act, 1988 (for short, 'the Act') was allowed by the Tribunal.

(2.) Briefly, the facts, as are evident from the impugned award, are that on 23.11.2003, Rishi Dev was taking his real brother-Naresh Kumar from his village to Israna for medical treatment in car No. DL-2CM-3753. Rishi Dev was driving the car at moderate speed. When they reached near village Bandh turn in the area of village Mandi on the pucca road, car No. HR26-S-9036, being driven by Ramesh Kumar in rash and negligent manner, came from village Mandi side and collided with the car being driven by Rishi Dev, as a result of which their car struck against a kikkar tree and over turned in the right side of the road in kacha side. Due to the accident, Rishi Devi succumbed to the injuries and Naresh Kumar received injuries. The claimants filed claim petition before the Tribunal on account of the death of Rishi Dev. The learned Tribunal, after considering the evidence led by the parties, held that the accident occurred on account of negligence on the part of driver of car No. HR26-S-9036 and considering the age, income and dependency of the deceased, awarded a compensation of Rs. 26,50,000/- along with interest @ 6% per annum from the date of filing of the petition till its payment.

(3.) The Insurance Company has impugned the award on the plea that no accident had taken place with the car in question and even if it is considered that the accident had taken place, the driver of the offending vehicle was not negligent. The second ground of challenge is on the quantum of compensation.