NATIONAL INSURANCE CO. LTD Vs. KANTA DEVI

JUDGEMENT

(1.) By way of instant petition filed under Article 227 of the Constitution of India, the petitioner-Insurance Company has assailed the award dtd. 30/3/2011, passed by learned Motor Accident Claims Tribunal-II, Solan, District Solan H.P.

(2.) In terms of the award, the claimants i.e. widow and two minor sons of deceased Rajesh Kumar were held entitled for compensation amount of Rs.17.00 lacs alongwith interest. Rajesh Kumar had died in an accident, which took place on 24/6/2009. He was riding a motor cycle bearing No. HP-12C-1795, when he collided with a bus bearing No. HP-12C-7322, driven by respondent No.4/Bhag Singh. FIR No.105/2009 in this regard was registered on 24/6/2009, under Ss. 279, 337 and 304-A of the Indian Penal Code. During the proceedings before learned Motor Accident Claims Tribunal-II, Solan, District Solan, H.P., it was proved that accident had occurred on account of rash and negligent driving of the bus driven by respondent No.4/Bhag Singh. PW-3 Kewal Singh stated that the accident occurred in his presence and that Respondent No.4/Bhag Singh while over-taking another bus, collided with the motor cycle driven by the deceased Rajesh Kumar. Testimony of PW- 3 was in tune with documentary evidence i.e. FIR Ext.PW-1/A and post-mortem report Ext. PW-2/A. Widow of deceased Smt. Kanta Devi appeared in the witness-box as PW-4. She stated that her husband was running a 'Kariyana' store in industrial area Makhnumajra and was also selling milk. His total income was approximately Rs.20,000.00 per month. Age of the deceased Rajesh Kumar at the time of accident was asserted to be 38 years. Learned Tribunal assessed the income of deceased Rajesh Kumar as Rs.15,000.00 per month and accordingly held the widow and two minor sons of the deceased Rajesh Kumar entitled to compensation amount of Rs.17.00 lacs.

(3.) Heard learned counsel for the parties and gone though the records.