NATIONAL INSURANCE CO LTD Vs. SATYA DEVI

JUDGEMENT

(1.) The appellant insurance company has filed this appeal against the award of the Motor Accidents Claims Tribunal, Solan in M.A.C. Petition No. 80-S/2 of 1989 dated 7.3.1992. While allowing the above petition compensation in the sum of Rs. 1,62,000 has been awarded to the respondents-claimant Nos. 1 to 6 in equal shares and has been made payable by the owner of the truck Gurnam Chand as well as by the insurance company, i.e., the present appellant. They were held to be entitled for payment of interest at the rate of 9 per cent per annum from the date of the award, i.e., 7.3.1992 in case this amount is deposited by the said respondents within 60 days; failing which they shall be liable to pay interest at the rate of 12 per cent per annum on the awarded amount from the date of petition, i.e., 10.5.1989 till its payment/deposit. Costs of Rs. 550 has also been imposed on the appellant as well as respondent No. 7, i.e., the driver of the vehicle.

(2.) In this case facts by and large are not in dispute as such brief reference is being made to those. Claim petition was filed by Satya Devi, widow, Krishna Devi, mother, Rekha, daughter and Kundan, Balbir Singh and Surinder Singh being sons of the late Mohan Lal. The deceased Mohan Lal was working in Indian Air Force. While travelling in an Air Force truck on 2.2.1989, it met with accident with another truck No. HIA 6172. Truck No. HIA 6172 was on downhill journey when this accident took place near Jabli at about 8 p.m.

(3.) Respondent Gurnam Chand was its owner-cum-driver. Accident was attributed to the rash and negligent driving on his part. It may be noted here that the Air Force truck was on uphill journey on the Kalka-Shimla National Highway. Learned Tribunal below held that the deceased died due to rash and negligent driving of the vehicle No. HIA 6172 and there was no composite negligence by drivers of the vehicles HIA 6172 and of the Air Force. Thus compensation as aforesaid was awarded in this case.