NEW INDIA ASSURANCE CO LTD Vs. BHUPINDER KAUR

JUDGEMENT

(1.) THIS is insurer's appeal to challenge award dated 24.7.2012 whereby learned Motor Accident Claims Tribunal, Patiala (for short,''the Tribunal'') has awarded compensation amounting to Rs. 3,93,600/ - along with interest at the rate of 9 % per annum in favour of the applicants, i.e., dependents of Kamal Kumar who was killed in a motor vehicle accident caused on account of rash and negligent driving of a truck bearing registration No. PB -11 -W -3981 by respondent Som Nath on 25.11.2007. The application was made alleging loss of dependency. It was contested by the respondents including the present appellant by filing written statements. From the pleadings of the parties, learned Tribunal framed following issues: -

(2.) BOTH the sides adduced evidence and were heard by the learned Tribunal to reach a conclusion that the applicants were able to prove factum and manner of the occurrence as also their entitlement to receive compensation. Accordingly, application was allowed vide award dated 24.7.2012 which, as aforestated, is under challenge in this appeal.

(3.) LEARNED counsel for the appellant has very strenuously argued that earlier a claim application under Section 163 -A of the Motor Vehicles Act, 1988 (for short,''the Act'') was filed by the applicants but it was dismissed by the learned Tribunal vide award dated 9.10.2009(Exhibit P1) and that being so, second application on the same cause of action though under a different section of the Act could not be maintained. It is next contended by the learned counsel for the appellant that respondent Som Nath, driver of the offending vehicle, has been acquitted in the criminal proceedings and,therefore, the plea of the applicants about rash and negligent driving of said Som Nath falls to the ground. The contentions however are resisted by learned counsel appearing for respondent Nos.7 and 8 while other respondents have chosen not to appear despite service.