ORIENTAL INSURANCE CO LTD Vs. KAMLA DEVI

JUDGEMENT

(1.) - The Motor Accidents claims Tribunal, Jind vide the impugned award dated 11. 9. 1995 has awarded an amount of Rs. 2,16,000 as compensation to the claimants for the death of Om Parkash who allegedly met with an accident on 4. 6. 1992 and succumbed on 6. 6. 1992, due to the injuries received by him in the said accident. The claimants were also awarded interest at the rate of 12 per cent from the date of petition till realization of the amount of compensation. The appellant and Ram Phal, respondent who allegedly caused the accident were jointly and severally held liable to pay the amount of compensation.

(2.) THE claimants, now respondents in this appeal, filed a petition under section 166 of Motor Vehicles Act, 1988, for grant of compensation on the averments that on 4. 6. 1992 at about 6. 15 p. m. deceased Om parkash was going on his motor cycle bearing registration No. HYC 5031 from safidon to his village Butani. When he reached at the turning of village Singhpura on Safidon-Hatt Road, respondent No. 1 came from Butani side on his red colour eicher tractor. He was driving the tractor at a very fast speed. He did not blow any horn and turned his tractor suddenly while driving it rashly and negligently towards singhpura side, without giving any signal. The front side of the tractor struck against the head and right side of Om Parkash. Consequently, he sustained multiple grievous injuries on his head and other parts of the body resulting into fractures. The accident was witnessed by Lehna Singh Saini, resident of village Sarfabad who was going from Safidon side on his tractor. The other witnesses of the accident were Hari Chand and Mohinder Singh, brothers of the deceased, who were going on another motor cycle to village Butani and were just at a distance of 50 yards behind the deceased. The deceased was taken to Safidon and was treated by Dr. Janak Raj Garg who referred him to Panipat due to his critical condition. Dr. Sudhir Sabharwal of Panipat referred the injured to L. N. J. N. Hospital, delhi on 5. 6. 1992 where he was admitted and succumbed to the injuries on 6. 6. 1992. The claimants who are widow, minor son and parents of the deceased have suffered great loss due to his death as they were dependent on him. The age of the deceased was 28 years and he was an efficient and expert mason. He was earning Rs. 2,500 per month. The claimants, therefore, claimed a compensation of Rs. 7,00,000 along with interest at the rate of 18 per cent per annum. Respondents contested the claim petition.

(3.) RESPONDENT No. 1 pleaded that the claim petition was not legally maintainable as no motor accident had taken place; that the claimants have not impleaded the owner and insurer of the motor cycle No. HYC 5031; that the petition was bad for non-joinder and mis-joinder of necessary parties; that the claimants were not the legal heirs of deceased Om Parkash; that the deceased was not having valid and effective driving licence; that the deceased was not earning anything; that no accident took place as alleged by the claimants; that respondent No. 1 is the owner of Eicher tractor but the tractor was not involved in any accident and that the tractor was insured vide cover note No. 114314 w. e. f. 3. 6. 1992 to 2. 6. 1993.