NATIONAL INSURANCE COMPANY LIMITED Vs. BABLOO AND ORS.

JUDGEMENT

(1.) National Insurance Company Limited (for short, "Insurance Company") has preferred the instant appeal feeling dissatisfied against Award dated August 16, 2013 passed by Motor Accident Claims Tribunal, Chandigarh (for brevity, "Tribunal") in MACT Petition No.22 of January 13, 2012 whereby a petition preferred by respondent No.1 Babloo under Section 166 of the Motor Vehicles Act 1988 (for short, "Act") was allowed and an award for Rs. 6,73,000/- was passed in favour of claimant and against owner/driver and Insurance Company making them jointly and severally liable to pay amount of compensation.

(2.) Briefly stated, facts contained in claim petition are that on December 20, 2011, his brother Vir Singh was working on Paonta Sahib Dholakua Road as labourer under Raj Kumar, Contractor. At about 9:30 AM, one white Maruti car bearing No.HP-17A-3334 came at high speed without obeying traffic rules and struck against Vir Singh. As a result of impact of accident, Vir Singh sustained injuries and fell unconscious. He was immediately rushed to Civil Hospital, Paonta Sahib but his condition being serious, he was referred to PGI Chandigarh. He could not survive and ultimately succumbed to his injuries on December 26, 2011. It has been further alleged that death of Vir Singh has occurred due to sustaining of injuries while driving Maruti car by owner/driver Sudhir Kumar, in a rash and negligent manner.

(3.) It has further been averred in claim petition that Vir Singh was aged about 25 years and he was earning Rs. 12,000/- per month at the time of his sudden demise due to accident. A criminal case bearing FIR No.400 dated December 20, 2011 under Sections 279, 337, 304-A IPC was registered in connection with accident at Police Station, Paonta Sahib, District Sirmour (HP). Vir Singh was only bread winner in family and claimant being a physically challenged person having 75% permanent disability as he suffered from Polio, was fully dependent upon Vir Singh, who is otherwise unable to do any work to earn his livelihood.