NATIONAL INSURANCE CO LTD Vs. BALVIR KAUR

JUDGEMENT

(1.) This is an appeal directed by National Insurance Co. Ltd., respondent No. 3 before the Tribunal, against the award dated 8.2.1997 passed by Mr. S.S. Lamba, Motor Accidents Claims Tribunal, Kurukshetra, vide which the claim petition preferred by Balvir Kaur, widow; Paramjit Singh and Piara Singh, minor sons; Sukhjinder Kaur, minor daughter; on account of death of Harminder Singh in a motor vehicular accident, was accepted and an amount of Rs. 4,55,000 along with interest at the rate of 12 per cent per annum from the date of filing of claim petition till realization of the amount, was awarded against all the respondents before the Tribunal.

(2.) Briefly stated the facts of the case are that on 2.4.1996 at about 7.30 a.m., the deceased was returning from his office Shahabad Markanda after night duty. He was on his way to village Rattangarh on his scooter No. HR 07-0269. The deceased was driving the said scooter at a slow speed and on its due left side observing all traffic rules. When the deceased reached near Rattangarh turn, he signalled for taking a turn but in the meanwhile a Maruti Esteem car No. DL 3C-F 2718 came from behind which was being driven by Bharat Deep Badhera, respondent No. 1, at a very high speed, rashly and negligently. Respondent No. 1, without blowing any horn, dashed against the scooter of deceased from behind. The deceased fell on the road and sustained multiple injuries. The accident was witnessed by Siri Niwas Sharma s/o Ram Nath of village Rattangarh.

(3.) Owner of the car, respondent No. 2, did not appear before the Tribunal and as such was proceeded ex parte.