NATIONAL INSURANCE CO LTD Vs. HEM RAJ

JUDGEMENT

(1.) This appeal by the Insurance Company is directed against the award dated 10th April, 2008 passed by the learned Motor Accident Claims Tribunal, Fast Track Court, Una whereby he awarded a sum of Rs. 1,60,000 in favour of the claimants on account of the damages suffered by them due to the loss of their goats in a motor vehicle accident.

(2.) The undisputed facts are that on 23.3.2003 bus No. HP-55A-7474, which is owned by Haryana Roadways, driven by respondent Dharam Pal and insured with the appellant Insurance Company met with an accident. The claimants, who are shepherds (Gaddis), take their goats for grazing from place to place, were at a place near Dhussara Bazar. Bus No. HP-55A-7474 came from Una side at a high speed and hit the goats. 40 goats died at the spot and 9 were injured and these goats died later. The claimants filed a claim petition.

(3.) As far as negligence is concerned there can be no manner of doubt that this is a case of rash and negligent driving. The facts speak for themselves. 49 goats could not have been run over if the bus was being plied at a slow or reasonable speed. The mere fact that 49 goats were run over itself clearly indicates that the driver was driving the vehicle at a high speed in a rash and negligent manner.