NATIONAL INSURANCE COMPANY LIMITED Vs. VANDANA

JUDGEMENT

(1.) Instant appeal filed under S. 173 of the Motor Vehicles Act (hereinafter, 'Act') lays challenge to award dtd. 24/5/2016 passed by learned Motor Accident Claims Tribunal, Shimla, District Shimla, Himachal Pradesh in MAC Petition No. 1-S/2 of 2015, whereby learned Tribunal below, while allowing claim petition having been filed by respondents Nos. 1 to 3/claimants, (hereinafter, 'claimants') saddled the appellant-insurance company with the liability to pay compensation to the tune of Rs.22,94,000.00 alongwith interest at the rate of 9% per annum, to the claimants, from the date of filing of petition, till realization.

(2.) Precisely, the facts of the case, as emerge from the record, are that the claimants filed a claim petition under S.166 of the Act, seeking claim of Rs.26,98,000.00 alongwith interest at the rate of 9% per annum on account of death of one Sanju, being his dependents/legal representatives, averring therein that the deceased was working as a Cleaner in vehicle bearing registration No. HP-9C-2572, owned by respondent No.4 and he was earning Rs.12,000.00 per month. Claimants claimed that the aforesaid vehicle being driven by respondent No.5, met with an accident on 18/11/2014, near Dhilogarh, on Chhaila Mohari road, as a consequence of which, deceased Sanju suffered injuries and later on succumbed to the same. FIR No. 177, dtd. 18/11/2014, qua rash and negligent driving of respondent No.5 came to be lodge at Police Station Theog. Claimants claimed that the deceased was the sole bread winner of the family and after his death, they have lost their support and as such, are liable to be compensated adequately.

(3.) Claim put forth by claimants came to be resisted by respondents Nos. 4 and 5 being owner and driver, who though have not denied the factum of accident but claimed that the vehicle at that time was not being driven in rash and negligent manner. Both the respondents claimed that accident took place due to sudden defect in the vehicle.