NEW INDIA ASSURANCE CO. LTD. Vs. RUPINDER KAUR

JUDGEMENT

(1.) This appeal has been preferred by the Insurance Company assailing the award dated 29.07.2010 passed by Motor Accident Claims Tribunal, Patiala, who allowed the claim petition and awarded a sum of Rs.3,41,000/- in favour of the claimants and against the respondents.

(2.) The grievance of the appellant is that the claim was not maintainable as the deceased was drawing a salary of Rs.20,755/- and he had restricted the claim on the basis of income of Rs.40,000/- per year to bring his claim within the provision of Schedule II. The second grouse raised was that the legal representatives had lodged a claim of compensation for the death of a person, who had borrowed the vehicle from the owner and the claim should have been dismissed.

(3.) In order to dispose of the issues raised in this appeal, it is necessary to refer to the facts. Kesar Singh along with his brother Malkiat Singh were going on a motorcycle. Kesar Singh was driving the vehicle. They had reached a turning point near village Mallo Majra at about 7/8 pm when the motorcycle met with an accident with another vehicle. Kesar Singh received multiple grievous injuries whereas Malkiat Singh fell on the side and did not suffer any injury. Kesar Singh remained admitted in the hospital from 08.05.2009 to 14.05.2009. He was shifted to Amar Hospital, Patiala where he remained upto 24.05.2009. He was then shifted to DMC, Ludhiana and died on 31.05.2009.