UNITED INDIA INSURANCE COMPANY LTD Vs. DARSHAN KAUR

JUDGEMENT

(1.) APPELLANT United India Insurance Company Limited has filed this appeal against Smt. Darshan Kaur and other respondents, challenging the impugned Award dated 14.01.2015 passed by learned Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri (hereinafter referred to as 'Tribunal'), vide which Rs. 4,47,000/ - along with interest at the rate of 9% per annum has been awarded to the claimants from the date of filing of petition till realization of the awarded amount.

(2.) THE brief facts of the case are that Smt.Darshan Kaur and other respondents -claimants filed claim petition against respondents Balwinder Singh, driver of Mini Bus bearing registration No.HR -58 - 1883 (offending vehicle), National Education Society, owner and United India Insurance Company Ltd., Insurer of offending vehicle, under Section 166/140 of the Motor Vehicles Act, 1988. It is stated in the claim petition that on 07.04.2011 at about 7.15 A.M, Kehar Singh along with his son Charanjit Singh was coming back on foot after having darshan in village Gurudwara Singh Sabha. Charanjit Singh was going ahead of his father and both were on correct side of the road. All of a sudden, Charanjit Singh heard a loud voice of his father and when he saw back, he found that a school bus bearing registration No.HR -58 -1883 had struck his father from its back while its driver Balwinder Singh was reversing the bus in a very rash and negligent manner and at a very high speed, without blowing any horn.

(3.) AS a result of which, Kehar Singh was run over by the back tyre of the bus and expired. FIR was registered on the same day against respondent -driver. Claimants claimed Rs. 10 lacs as compensation.