NATIONAL INSURANCE COMPANY Vs. BALBIR SINGH

JUDGEMENT

(1.) THIS is an appeal directed by National Insurance Company against the Award dated 30.01.2015 passed by Shri G.S.Wadhwa, Motor Accident Claims Tribunal, Bhiwani vide which the claim petition has been partly accepted and a sum of Rs.6,31,160/ - have been allowed.

(2.) BRIEFLY stated Balbir Singh husband, Sandeep, Arjun and Bhim being sons of Salochna have filed claim petition under Section 163 -A of the Motor Vehicles Act claiming compensation to the tune of Rs.15,00,000/ - on account of death of Smt.Silochana in a motor vehicular accident. It is pleaded that on 02.06.2012 at about 6.00/6.30p.m., Smt. Silochana wife of Balbir Singh resident of Dhani Mohabbatpur District Hisar went to the market to purchase some clothes for her nephew on a motorcycle hearing registration No.HR17A/1068 along with Ramesh son of Hetram, as her brother had come to take her in the parental home. The road was slippery due to rain and when the motorcycle reached behind Jai Bharat Gum factory, the tyre of the motorcycle slipped due to wet road and due to this, said Silochana suffered injuries on her head and other vital parts of her body. She was got admitted in V.K. Neurokendra, Hisar for treatment and she remained admitted there till 6.6.2012. Thereafter, she was shifted to Sarvodaya Hospital, Hisar but she succumbed to the injuries on 7.6.2012. DDR No.3 dated 7.6.2012 was registered at Police Station Siwani Mandi, District Bhiwani. It is alleged that Rs.1,00,000/ - were spent on the treatment and Rs.75,000/ - were spent on the transportation and last rites of the deceased Silochana. She was 38 years of age and was posted as helper in Aanganwari and earned Rs.2500/ - per month as salary.

(3.) ON put to notice respondents appeared and filed separate written statements. Respondent No.1 in his written statement took preliminary objections that petition is not maintainable, the claimants have no cause of action ; the petition is bad for misjoinder and nonjoinder of necessary parties. Respondent No.1 alleged that he was not at all responsible for the accident as the road was slippery due to rainy water and the tyre of the motor -cycle slipped without any fault of the answering respondent. The motor cycle in question bearing registration No. HR17A/1068 was insured with National Insurance Company.