NATIONAL INSURANCE CO. LTD Vs. RAJ KUMARI

JUDGEMENT

(1.) THIS appeal by the National Insurance Co. Ltd. assails the award of the Motor Accidents Claims Tribunal in Case No. 7 of 1977 decided on 31.5.1982 whereby the Tribunal has directed the payment of compensation of Rs. 91, 200/- from the respondents in the case along with interest at the rate of 6 per cent and the costs of the petition.

(2.) THE claim was preferred by the widow and two minor children of the deceased, Kamal Dutt Sharma, who met with an accident on 28.12.1976 while travelling in bus No. HPK 1075. The deceased was employed as Junior Engineer in the office of the Block Development Officer, Pragpur, Tehsil Dehra, District Kangra. He was receiving Rs. 735/-per month as emoluments. The allegation was that the accident took place due to rash and negligent driving by the driver while crossing bridge over Khiran Khad with the result that it fell in the khad and the deceased died at the spot. The case of the respondents has been that the accident took place on account of unforeseen mechanical defect in the bus which was an act of God and beyond the control of the driver of the vehicle. It has been denied that the bus was being driven negligently or rashly. They have denied even the fact that the deceased was travelling by the said bus.

(3.) AFTER the trial, all the issues were decided in favour of the claimants and compensation to the extent of Rs. 91,200/- was awarded along with interest at the rate of 6 per cent and costs of the petition.