NATIONAL INSURANCE COMPANY Vs. SMT. SANPATI AND ORS.

JUDGEMENT

(1.) ALL these three appeals are being disposed of by a common judgment as they arise out of the same accident in which Shri Ram Lal and Paras Ram amongst others sustained fatal injuries. MAC Petition No. 21 -S/2 of 2004, titled: Smt. Sanpat and Ors. v. Surjit Kumar and Anr. was instituted before the learned Motor Accident Claims Tribunal at Solan by the parents and brother of the deceased claiming compensation which was quantified by the learned Tribunal at Rs. 7,40,000/ -alongwith interest at the rate of 7.5% per annum from the date of award till its deposit and was awarded only in favour of the parents and MAC Petition No. 27 of 2004, titled: Smt. Veena Kumari and Ors. v. Shri Surjeet Kumar and Anr., was instituted before the learned Motor Accident Claims Tribunal, Kinnaur Division at Rampur Bushahr by the wife and children of deceased Paras Ram who were also traveling in the same vehicle. The Tribunal awarded a sum of Rs. 8,13,564/ -along with interest at the rate of 9% per annum from the date of petition till the whole amount is realized. The Tribunal at Kinnaur made the amount recoverable from Surjit Kumar, owner of the accidented vehicle No. HP -27 -0594. The Tribunal at Solan apportioned the liability on the Respondents holding the Insurance Company liable to satisfy the award amount. The petition at Solan was instituted on 10.3.2004 and at Kinnaur on 23.4.2004.

(2.) ADVERTING to the facts as pleaded before the learned Tribunal at Solan, the claimants urged that the deceased was the sole bread earner of the family and all the claimants were dependant upon him. He was a teacher who had a bright carrier/future and was likely to be promoted as a Principal of the Institution in which he was teaching. The cause of accident was claimed to be the rash and negligent driving of the vehicle on the part of the driver, which resulted in his loosing control over the vehicle which plummeted into the Satluj causing grievous injuries to the deceased Ram Lal who died on the spot.

(3.) AS there was no direct evidence with respect to the accident, the Court invoked principle of res ipsa loquitur holding that the facts speak for themselves and that the accident had occurred because of the rash and negligent act of the driver. Dealing with issue No. 2, a sum of Rs. 7,40,000/ - along with interest at the rate of 7.5% per annum from the date of the award till its payment was passed. It was urged before the learned Tribunal that the vehicle was a Utility Van which was essentially a transport vehicle and was not authorized to carry any passenger. The deceased was not the owner of the goods and was, therefore, an unauthorized passenger who could not claim any compensation.