ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED Vs. ADITYA

JUDGEMENT

(1.) Instant appeal filed under S. 173 of the Motor Vehicles Act (hereinafter, 'Act') lays challenge to award dtd. 3/10/2015 passed by learned Motor Accident Claims Tribunal (II), Mandi, District Mandi, H.P. in MAC Petition No. 642/2013, 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.41,29,259.00 alongwith interest at the rate of 7.5% 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, averring therein that on 26/12/2010, deceased Seema Devi, alongwith claimants was going from Mandi to Delhi in Bus bearing registration No. HR-69-A-6158, being driven by respondent No. 5 herein, in a rash and negligent manner, due to which it collided with truck bearing registration No. HP-19-A-2268. Seema Devi, expired in the accident. It is averred that the accident took place due to rash and negligent driving on the part of respondent No.5 herein. It is further averred that the deceased Seema Devi was in network marketing with RMP Info-Tech Pvt. Ltd. and was earning Rs.40,000.00 per month. It is also averred that claimants No.1 and 2 were being looked after by the deceased, as such, entitled for the compensation on account of death of the deceased.

(3.) Claim put forth by claimants came to be resisted by respondent No.4 by filing reply, wherein preliminary objections of locus-standi and maintainability have been taken. It is averred in the reply that the accident had not taken place due any fault of the driver of the bus. Respondent No.1 also stated in the reply, that since the bus in question was insured with respondent No.3, as such, it was liable to indemnify the claimants.