ORIENTAL INSURANCE COMPANY LIMITED Vs. UMA DEVI

JUDGEMENT

(1.) The present appeal as well as Cross Objections have been filed challenging the award dtd. 24/11/2021 whereby the Motor Accident Claims Tribunal, SAS Nagar (Mohali) (hereinafter referred to as the 'Tribunal') awarded an amount of Rs.17,50,000.00 along with interest @ 7% per annum from the date of filing of the claim petition till realization to the claimantrespondent Nos.1 to 4 on account of death of Somai (hereinafter referred to as the 'deceased').

(2.) The brief facts relevant to the present lis are that on the intervening night of 22/23/2/2019, after completing his work as Cook in Silver Oak Palace, Sirhind Road, Patiala, Somai (deceased) and his coworkers were going to their respective houses by foot. The deceased and the co-workers were walking on the left side on katcha portion of the road and their contractor, namely, Dhamsa Prasad, was standing in front of the Silver Oak Palace on his motorcycle. At about 12.00 a.m., a Bolero Jeep bearing registration No.PB-11-BT-6226 (hereinafter referred to as the 'Offending Vehicle') came at a very fast speed and was being driven in a rash and negligent manner and initially struck against the motorcycle of Dhamsa Prasad and thereafter ran over Somai (deceased) and his co-workers. Due to the accident the deceased and his co-workers and the contractor suffered multiple and serious injuries. They were taken to Rajindra Hospital, Patiala from where the deceased was referred to PGI Chandigarh where he succumbed to his injuries. FIR No.32 of 2019 under Ss. 279, 337 and 304-A of the Indian Penal Code, 1860 was registered at Police Station Anaj Mandi, Patiala against the driver of the offending vehicle, namely, Kesar Singh. The claim petition was filed by the legal representatives of the deceased wherein it was stated that the deceased was 44 years of age and was working as a Cook and was earning Rs.15,000.00 per month. Claimants are the widow and children of the deceased. The driver and owner of the offending vehicle filed their written statement and raised a preliminary objection that the claim petition was not maintainable and also denied the factum of the accident. The appellant-Insurance Company also filed its reply wherein the factum of the accident was denied. It was further denied that the driver was holding a valid driving licence.

(3.) On the basis of pleadings of the parties the following issues were framed :