NATIONAL INSURANCE CO LTD Vs. INDU SHARMA

JUDGEMENT

(1.) This is a civil revision filed by the National Insurance Co. Ltd. through its Regional Manager and has been directed against the respondents mentioned in the memorandum of parties and challenge in this revision has been given to the order dated 26.4.1997, passed by the Motor Accidents Claims Tribunal, Chandigarh, vide which the Tribunal allowed the application under section 163-A of the Motor Vehicles Act, 1988 and awarded a sum of Rs. 4,28,667 to the claimants by stating that out of this amount of compensation, a sum of Rs. 40,000 will be payable to the parents of the deceased and the remaining amount of Rs. 3,88,667 shall be shared by the other claimants equally and the share of the minors will be got deposited in some nationalised bank payable to them after attaining majority. Further, the Tribunal held that a sum of Rs. 5,000 as a loss of consortium will also be permissible to the widow besides the aforesaid amount payable to her. Interest at the rate of 12 per cent per annum from the date of the petition till realisation shall be payable to the claimants.

(2.) The record of the trial court was also requisitioned.

(3.) The record of the lower court shows that Indu Sharma, widow of late Sgt. Mahesh Sharma, Swati Sharma, minor daughter, aged 3 years and Deeksha, minor daughter of 8 months, filed a claim petition under section 166 of the Motor Vehicles Act against Jaya Parkash (driver of the truck), R.R. Textiles, Smannur, the owner of the truck and National Insurance Co. Ltd. at Chandigarh and claimed a sum of Rs. 14,00,000 by way of compensation alleging that the accident had been caused to the scooter driven by the deceased Mahesh Sharma, by respondent No. 1 Jaya Parkash, the driver of the offending truck. This petition was filed on 8.9.1995.