UNITED INDIA INSURANCE COMPANY LIMITED Vs. BALJIT KAUR

JUDGEMENT

(1.) The appellant-Insurance Company has filed present appeal seeking setting aside of award dated 03.02.2011 passed by the learned Motor Accidents Claims Tribunal, Gurdaspur (for short 'the Tribunal') in MACT Case No.68 of 2009 titled as Baljit Kaur and others Vs. Balbir Chand and another whereby compensation was awarded to claimants on account of death of Kulwant Singh alias Kanta in a motor vehicle accident, which took place on 25.04.2009.

(2.) For the sake of convenience the parties are referred to by their description in the claim petition.

(3.) Briefly stated, the facts giving rise to the present appeal are that the claimants filed petition under Section 163-A of the Motor Vehicles Act, 1988 (for short 'the M.V. Act') on the averments that on 25.04.2009 at about 9.00 p.m., Kulwant Singh alias Kanta was going on motor cycle bearing registration No.PB-58C-0950, along with Gagandeep Singh and Harpreet Singh as pillion rider. When they reached near village Rudiana, a tractor-trolley driven rashly and negligently came from the opposite side and hit their motor cycle as a result of which Kulwant Singh and others fell down and suffered injuries. Kulwant Singh died in the hospital due to the injuries suffered in the accident. Driver of the tractor-trolley fled from the spot. FIR No.39 dated 26.04.2009 was registered under Sections 279, 304-A, 337 and 427 of the Indian Penal Code (for short 'IPC') in Police Station Kalanaur, Gurdaspur. At the time of accident the deceased was aged about 28 years and was earning Rs.3,300/- by working as labourer. As Kulwant Singh died due to accident arising out of the use of motor cycle bearing registration No.PB-58C-0950, compensation of Rs.20,00,000/- may be awarded against respondent No.1-owner and respondent No.2-Insurer of the motor cycle with costs and interest.