NEW INDIA ASSURANCE CO LTD Vs. SHAMO DEVI

JUDGEMENT

(1.) The insurer has filed the present appeal against the judgment of the Motor Accidents Claims Tribunal (for short, 'the Tribunal'), Gurdaspur, dated 13.2.2000 by which a compensation of Rs. 1,92,000 was awarded to respondents-claimants along with interest.

(2.) The claimant-respondent Nos. 1 to 4 filed a claim petition under section 166 of the Motor Vehicles Act wherein it was averred that on 26.10.1999 at about 11.30 a.m. Darshan Kumar along with Joginder Pal and Jagdish Singh were returning to their village Bhada from Pathankot side on a tonga. When they reached near Railway Crossing, Jhakholahri, one tractor driven in a rash and negligent manner by Jagir Singh struck against the tonga, as a result of which Darshan Kumar received serious injuries. He was shifted to Civil Hospital, Pathankot where he died after 5 days of the accident, i.e., on 1/11/1999. F.I.R. No. 329 dated 1/11/1999 was also lodged at Police Station Sadar, Pathankot by Joginder Pal.

(3.) Claimants, who are widow of Darshan Kumar and 3 children filed a claim petition claiming a sum of Rs. 10,00,000 as compensation. It was averred that the deceased was earning a sum of Rs. 5,000 per month and he was 50 years old at the time of his death. It was further averred that the accident took place because of rash and negligent driving by the driver of the tractor.