NATIONAL INSURANCE COMPANY Vs. ANNIE VARKEY

JUDGEMENT

(1.) This judgment will dispose of F.A.O. No. 2022 of 2003 and F.A.O. No. 2279 of 2003 arising out of the award of the Motor Accident Claims Tribunal, Bathinda dated 26.02.2003. F.A.O. No. 2022 of 2003 has been filed by the Insurance Company to challenge the award of the Tribunal whereas F.A.O. No. 2279 of 2003 has been filed for enhancement of the compensation granted to the claimants.

(2.) The case set up by the claimants in the claim petition was that on 6.8.2001 at about 5.30/6 P.M. Chundamala Varkey Varkey along with co-driver Amandeep was on the main road of Model Town near railway Colony in Car No. DL-3C/5421. At that time Truck No. PB-3B-2728 came from Bhagu Raod side which was being driven by Yadwinder Singh rashly and negligently and at a fast speed. It went out of control and struck with the car, and as a result thereof, Chundamala Varkey Varkey received injuries and succumbed to those injuries. The car was extensively damaged. The said accident was witnessed by Constable Kanwalpreet Singh, Assistant M.H.C. in Police Post Civil Lines, Bathinda. A criminal case was registered against the driver of the truck vide F.I.R. No. 353 dated 6.8.2001 under Section 338, 427 and 304-A of the Indian Penal Code.

(3.) It was the case of the claimants that the deceased Chundamala Varkey Varkey was 57 years of age and was a School Teacher at Kendriya Vidyalaya No. 5, MIL Station, Bathinda. His monthly income was Rs. 15,000/- per month. The claim was filed by the widow, sons and daughter of the deceased. The claimants on account of the death of the deceased Chundamala Varkey Varkey claimed compensation of Rs. 14 lacs along with interest @ 18% P.A.