ORIENTAL INSURANCE COMPANY LIMITED Vs. NISHA KUMARI

JUDGEMENT

(1.) The appellant (hereinafter referred to as the "insurer") has assailed award dtd. 22/5/2013 passed by learned Motor Accident Claims Tribunal-I, Kangra at Dharamshala (H.P.) in MACP (RBT) No. 67-G/II/2010/2007, whereby a sum of Rs.15,29,472.00 along with interest at the rate of 7.5% per annum from the date of filing of petition till realization, was awarded in favour of respondents No.1 to 3 herein (for short "claimants") and the insurer was saddled with liability to satisfy the award.

(2.) The claimants are the legal representatives of Sh. Niranjan Singh, who had died as the result of injuries received by him in a road accident. The compensation was claimed by the claimants under Sec. 166 of the Motor Vehicles Act, 1988 (for short the "Act") by alleging that on 2/7/2006 at about 12.15 P.M. deceased Niranjan Singh was riding a scooter with one Sh. Rattan Singh on the pillion from Nadaun to Jwalamukhi. Truck No. HP-11B-0284, driven by respondent No.4 herein (for short "driver") came from opposite side in a very high speed. The driver was driving the truck in a rash and negligent manner. He could not control the truck and hit the scooter ridden by deceased Niranjan Singh. Fatal injuries were received by Sh. Niranjan Singh and as a result thereof, he died on the spot. The truck was owned by respondent No.5 herein (for short "the owner")

(3.) The claimants specifically made an averment that FIR No. 125 of 2006 registered at Police Station, Jwalamukhi was not based on true facts and the same was lodged by the police in connivance with the owner and driver of the truck.