ICICI LOMBARD GENERAL INSURANCE CO Vs. USHA RANI

JUDGEMENT

(1.) CHALLENGE in this appeal is the Award dated 05.06.2012 passed by Ms. Navjot Sohal, Motor Accident Claims Tribunal, Patiala vide which claim petition preferred by the claimants was allowed with costs and the claimants were awarded compensation of Rs.9,28,000+Rs.10,000/ - ( on account of loss of consortium) to which claimant No.1 Usha Rani being widow of the deceased is entitled along with interest @ 9% p.a., from the date of filing the claim petition till actual realization of the awarded amount. Devki Devi claimant No.5 was allowed 1/3rd share of the compensation amount whereas claimant Nos.1 to 4 were held entitled to the remaining 2/3rd share of the compensation amount in equal shares. The respondents were held liable jointly and severely to pay the compensation amount.

(2.) CLAIMANTS have preferred petition under Section 166 of Motor Vehicles Act ( in short - the Act)

(3.) BRIEFLY the case of the claimants is that on 07.08.2010 at about 9a.m., when they reached near Polytechnic College, near SST Nagar, Patiala and were about to cross the traffic lights in the process of aheading towards truck Union, Hardev Dass was ahead of Dharam Chand, was hit by Haryana Roadways Bus bearing registration No. HR -37B -5007 (hereinafter referred as offending vehicle) which came from Rajpura side being driven rashly and negligently by its driver respondent No.1 and struck against the bicycle of Hardev Dass, who was going ahead to Dharamchand. The bicycle of Hardev Dass entangled in the bumper of the bus towards the left side and the driver of the bus dragged Hardev Dass along with the bicycle by 30 -35 yards towards Patiala side. An alarm was raised by Dharama Chand. The bus was stopped. FIR was lodged by Dharam Chand with the police of Police Station Kotwali, Patiala. Hardev Dass died and his post mortem examination was conducted. The claimants were totally dependent upon the income of deceased. Due to untimely death of Hardev Dass, claimant No.1 has lost her life partner at a tender age, claimants No.2 to 4 lost their father and claimants No.5 and 6 have lost their son. In this way, they claimed a compensation of Rs.30,00,000/ - against the respondents.