NATIONAL INSURANCE CO LTD Vs. URMILA

JUDGEMENT

(1.) THIS appeal by National insurance Co. Ltd. (hereinafter referred to as 'the insurer'), is directed against the award dated 22. 9. 2005, passed by Motor accidents Claims Tribunal at Bhiwani (hereinafter referred to as 'the Tribunal')whereby respondent Nos. 1 to 3 (claimants) were given compensation to the tune of Rs. 4,00,000 on account of the death of dilbag Singh (40 years ).

(2.) IN nutshell the facts culminating to the commencement of this appeal may be recapitulated thus: on 22. 3. 2003, Dilbag Singh (since deceased) had hired a tata 407 vehicle bearing registration No. HR 61-1610 owned and driven by Jaibir, respondent No. 4, for taking his animals from his village Kabja nagar, Tehsil Dadri, District Bhiwani for selling them at Pashu Hatwara, Jaipur. After selling his animals, the deceased was returning in the said vehicle being driven by Jaibir, respondent No. 4 (driver-cum-owner/insured ). The said vehicle was being driven rashly and negligently. At about 9 p. m. , when the said vehicle reached within the area of Nai Ki Thadi, Pashu Hatwara, near Police Station, Amer, Jaipur, Jaibir, respondent No. 4, lost his control over the vehicle as a result of which, it turned turtle and Dilbag Singh suffered numerous injuries and later on succumbed to the same. F. I. R. was lodged against the respondent no. 4, owner/driver of the vehicle. Urmila, widow; Amesha Kumari, minor daughter and Parveen Kumar, minor son of Dilbag singh (since deceased) filed a petition under section 166 of Motor Vehicles Act, 1988 (for short, 'the Act') claiming therein that Dilbag Singh (deceased) was having an income of Rs. 15,000 per month from the trading of animals as well as from his agricultural earnings.

(3.) UPON notice, the respondent No. 4 pleaded that while returning after selling buffaloes of Dilbag Singh (deceased), one neel gai came on the road and to avoid any mishap he took a turn and in that process, balance of the vehicle was disturbed as a result of which, it turned turtle and as such, there was no rash and negligent driving on his part.