UNITED INDIA INSURANCE COMPANY LIMITED Vs. NAWAB KAUR

JUDGEMENT

(1.) BOTH the above -mentioned FAOs are taken up together for disposal being arisen from same Award. has been filed by United India Insurance Company Ltd. against Smt.Nawab Kaur and other respondents challenging the impugned Award dated 03.10.2012 passed by learned Motor Accident Claims Tribunal, Karnal (hereinafter referred to as 'Tribunal') vide which Rs. 4,84,800/ - along with interest @ 7.5% per annum from the date of filing of the petition till realization has been awarded to the claimants. FAO No.467 of 2013 has been filed by the claimantsappellants for enhancement of the compensation awarded vide Award dated 03.10.2012.

(2.) THE brief facts of the case are that Smt.Nawab Kaur, Dinesh Kumar, Sandeep and Kishni filed claim petition under Sections 166/140 of the Motor Vehicles Act against Vinod Kumar (driver), M/s Best Food International (P) Ltd. (owner), M/s Best Food International (P) Ltd. through its power of Attorney (Power of Attorney holder) and United India Insurance Company Ltd. (Insurer) of offending bus bearing registration No.HR -45A -4399.

(3.) IT is the case of the claimants that Nawab Kaur and others are widow, sons and mother of deceased Karambir, who have claimed compensation on account of death of Karambir in a motor vehicular accident took place on 04.02.2011. It is the case of the claimants that Jaiveer, Karambir and Satbir were crossing the road, then suddenly a bus bearing registration No.HR -45A -4399 being driven by its driver Vinod Kumar in a rash and negligent manner and without observing the traffic rules, came from Indri side and struck against Karambir, due to which he fell down on the road and suffered multiple simple and grievous injuries. He was shifted to Govt. Hospital, Karnal, where the doctor declared him dead. The post mortem was conducted. During investigation, it was revealed that Vinod Kumar was driving the bus in question. Respondents No.2 and 3 (in claim petition) are the owners of the bus and respondent No.4 (Insurance Company) is the insurer of the bus. It is also the case of the claimants that deceased Karambir was aged about 40 years. He was an agriculturist and was having a dhaba under the name of Chahal Dhabha and was earning Rs. 12,000/ - per month. Rs. 30,000/ - was spent on the conveyance, funeral and last rites. The deceased was sole bread earner of his family and after the accident, the claimants have suffered great mental pain, agony. Vinod Kumar, Driver, respondents No.2 and 3 (owners) and Insurance Company admitted the factum of accident but pleaded that accident had taken place due to the negligence on the part of deceased himself who was crossing the road without looking to the left and right hand side and Driver of bus was not at fault and a false case has been got registered to grab compensation. Insurance Company in separate written statement also stated the same facts that deceased died on account of his own negligence. It is also stated that the amount claimed is on higher side. It is also stated that insured has violated the provisions of Motor Vehicles Act and the Driver was not holding a valid and effective driving licence to drive the bus and the bus was beign driven in contravention of the terms and conditions of the insurance policy.