NEW INDIA ASSURANCE CO LTD Vs. CHANAN SINGH

JUDGEMENT

(1.) By way of instant appeal filed under Sec. 173 of Motor Vehicles Act, 1988 (in short "the Act"), challenge has been laid to award dtd. 31.3.2017, passed by the learned Motor Accident Claims Tribunal- (IV), Shimla, H.P. (in short "the Tribunal") in MAC Petition RBT No. 84-S/2 of 2014, whereby the Tribunal below while allowing claim petition having been filed by the respondents-claimants (hereinafter referred to as "the claimants") under Sec. 166 of the Act, saddled the appellant Insurance Company with liability to pay compensation to the tune of Rs. 15,29,000/- to the claimants.

(2.) Briefly stated facts, as emerge from the record are that claimants by way of claim petition filed under Sec. 166 of the Act prayed for compensation to the tune of Rs. 30,00,000/- on account of death of late Smt. Nirmala Dulta i.e. wife of respondent-claimant No.1 and mother of respondents-claimants No. 2 and 3, who was employed as Watershed Participatory Development Facilitator in the department of Forests, Government of Himachal Pradesh. On 6.2.2014, deceased Nirmala was deputed from Rampur Bushahr to Rohru in a camper bearing registration No. HP-06A-4373 to carry apple plants, machinery, vegetables, seeds and other articles for distribution in various panchayats of Tehsil Rohru and Chirgaon and she was entrusted the duty to carry goods for distribution, but unfortunately, at 3:40 pm, aforesaid vehicle rolled down the road on account of rash and negligent driving of the vehicle being driven by respondent No.7, as a consequence of which, Smt. Nirmala Dulta suffered serious injuries and expired on the spot. An FIR was registered qua the aforesaid incident at PS Rampur Bushahr on 7.2.2014, under Sections 279, 337 and 304A of IPC. Claimants claimed before the Tribunal below that at the time of the alleged incident, deceased Smt. Nirmala Dulta was drawing consolidated salary of Rs. 10,400/- per month from the office of respondents No. 4 and 5 and she was likely to be regularized after completion of three years' continuous service. Claimant also claimed that since deceased, who at the time of the accident was 50 years old, was well educated lady, she would have got further promotions for sure during her service career. Claimants being husband and sons of deceased Smt. Nirmala Dulta demanded compensation to the tune of Rs. 30,00,000/- on account of their having suffered mental agony, pain and suffering.

(3.) Aforesaid claim put forth by the claimants came to be resisted by respondents No. 4 and 5 herein, who in their reply admitted that at the time of the incident, deceased Smt. Nirmala Dulta was working as Waatershed Participatory Development Facilitator in the Watershed Development Coordinator Unit at Rohru under Development Division, Rampur Bushahr on contract basis. Aforesaid respondents further admitted that deceased had worked in IWDP Kandi Project at Parwanoo Unit w.e.f. 2001 to 2005. They also submitted in their reply that keeping in view the decision of the executive committee meeting, service of the deceased employee was continued w.e.f. 1.2.2006 in H.P. Mid Himalayan Watershed Development Facilitator and she was posted in Divisional Watershed Development Officer, Rampur Bushahr. Aforesaid respondents also admitted that deceased was getting consolidated salary of Rs. 10,400/-per month, but denied that on the date of the alleged incident, deceased Nirmala Dulta, was deputed from Rampur Bushahr to Rohru in the vehicle in question to carry apple plants, machinery, vegetable seeds and other articles for distribution in various panchayats of Rohru.