NATIONAL INSURANCE CO. LTD Vs. BHOLI KAUR

JUDGEMENT

(1.) This appeal has been filed by the Insurance Company challenging the award dtd. 24/1/2017; passed by the Motor Accident Claims Tribunal, Chandigarh (in short 'the Tribunal'), in an accident case.

(2.) Brief facts, as involved in this case are that on 5/5/2016 Harpreet Singh; along with his father Sher Singh and uncle Harpreet Singh; came on his motor cycle to drop his father Sher Singh (deceased) at Chunni Kalan bus stand. When they reached at the bus stand, then at about 7:45 a.m., a bus of Ambala Bus Syndicate Company; bearing registration No. PB-12L-4502; came and stopped on the road at the bus stand. The passengers started boarding the bus. When Sher Singh was in the process of boarding the bus from front door; then the driver of the bus drove the bus suddenly. As a result, Sher Singh fell on the road and was ran over by left tyre of the said bus. In the accident, he received multiple injuries. From there, Sher Singh was taken to PGI, Chandigarh, where during treatment, he died on 5/5/2016. On account of this accidental death of Sher Singh, the claim petition was filed by the claimants asserting therein that deceased was of 57 years of age and working in Civil Hospital, Mohali, earning monthly salary of Rs.50,000.00. An amount of Rs. One lakh was spent on funeral expenses. Accordingly, an amount of Rs.50.00 lakhs was claimed in the claim petition.

(3.) The parties led their respective evidence. After appreciating the evidence on file, the Tribunal awarded an amount of Rs.33,71,400.00 as compensation to the claimants along with interest @ 7.5% per annum; from the date of filing of the claim petition till realisation of the whole amount. Beside this, apportionment was also made amongst the claimants in the proportion specified in the award. Challenging the said award, the present appeal has been filed by the Insurance company.