NATIONAL INSURNACE CO. Vs. RAVINDER KAUR

JUDGEMENT

(1.) Insurance company is in appeal aggrieved of the award passed by MACT, Bathinda dtd. 22/2/2013, whereby the claim petition filed under Sec. 166 of the Motor Vehicles Act, 1988 seeking compensation on account of death of minor girl, namely, Arshpreet Kaur aged 15 years, has been allowed awarding them compensation of Rs.2,50,000.00.

(2.) Claimants filed petition claiming that on 1/8/2011, while deceased was going alongwith her father and was driving Activa scooter, she was struck from behind by a truck bearing No. PB-03D- 7911. It was being driven in rash and negligent manner. Arshpreet sustained multiple injuries and later on scummed to death. FIR No.84 dtd. 1/8/2011 came into being for offence punishable under Sec. 304-A IPC against the driver of the offending vehicle. The claim petition was put to trial framing following issues:-

(3.) After analysing the evidence on record threadbare, Tribunal allowed the claim petition and awarded compensation to the claimants.