NEW INDIA ASSURANCE COMPANY Vs. PROMILA DEVI

JUDGEMENT

(1.) The insurer has assailed the award dated 20.10.2012 passed by the learned Motor Accident Claims Tribunal (III) Mandi, whereby a compensation amount of Rs.14,06,000/- alongwith interest @ 7.5% per annum was awarded to the dependants of deceased late Sh. Duni Chand.

(2.) Bare minimum factual position required to be noticed in the instant appeal is that on 02.06.2009, Sh. Duni Chand was returning to his home after attending his duty in Government Primary School Samkhetar, Tehsil Jogindernagar, District Mandi. He boarded Matiz Car bearing Registration No.HP-33-0037 from Village Bhadyara, owned and driven by one Sh. Chaman Lal. After covering a distance of about 200 meters, the vehicle met with an accident. The owner-cum-driver of the Car-Sh. Chaman Lal and Sh. Duni Chand died on the spot. After going through the pleadings and considering the evidence adduced by the parties, learned Tribunal below held that Sh. Duni Chand died on account of rash and negligent driving of the vehicle's driver-cum-owner Sh. Chaman Lal. Considering various parameters, the claimants were held entitled to compensation of Rs.14,06,000/- from the legal heirs of Sh. Chaman Lal, owner-cum-driver of the vehicle in question, to be indemnified by the appellant. Aggrieved, the assurance company has preferred the instant appeal.

(3.) Heard learned counsel for the parties and gone through the record. Contentions:-