NEW INDIA ASSURANCE CO LTD Vs. RAKESH VASHISHT

JUDGEMENT

(1.) The insurer has filed the present appeal against the judgment of the Motor Accidents Claims Tribunal, Jalandhar (hereinafter referred to as 'the Tribunal'), dated 14.3.2002 by which a total compensation of Rs. 18,10,864 along with interest was awarded in favour of the claimants. The claimants have also filed cross-objections for enhancement of compensation.

(2.) Briefly the facts of the case are that on 13.12.1999 at about 1 p.m. Amita Vashisht, who was working as a Lecturer in Kanya Mahavidalya College, Jalandhar, was going to the college on her scooter. On another scooter, her husband Rakesh Vashisht along with one Harvinder Kumar were also going and were just behind Amita Vashisht. When Amita Vashisht tried to cross the Lamba Find Chowk, a tanker bearing No. UP 12-A 7435, being driven by Gurnam Singh in a rash and negligent manner and at a high speed, came from the side of Chugitti and also tried to cross the road from the wrong side as a result of which the tanker hit against the scooter of Amita Vashisht. She fell down from her scooter and at that very moment the tyres of tanker ran over the legs and abdomen of Amita Vashisht who died instantaneously. A F.I.R. No. 218 dated 13.12.1999 was immediately registered at Police Station, Division No. 3, Jalandhar.

(3.) As a result of the accident, a claim petition under section 166 of Motor Vehicles Act was filed by the claimants who are the husband and minor children of the deceased Amita Vashisht and a compensation of Rs. 30,00,000 was claimed. It was averred that the deceased was 32 years of age, was working as a Lecturer in Kanya Mahavidalya College, Jalandhar, and was drawing a monthly salary of Rs. 13,224. In the claim petition, it was also averred that the vehicle which was driven by Gurnam Singh was owned by Jasbir Singh and was insured with respondent No. 3, i.e., New India Assurance Co. Ltd., Muzaffar Nagar, who is responsible for indemnifying the insured.