REENA Vs. NEW INDIA ASSURANCE COMPANY LTD.

JUDGEMENT

(1.) Both these appeals are directed against the award passed by learned Motor Accident Claims Tribunal-1 Solan, District Solan, H.P., in MAC Petition No. 16-S/2 of 2018, titled as Sarindra and Ors. Vs. New India Assurance Co. Ltd. and Anr., decided on 5/10/2019, in terms whereof, the claim petition preferred before the said Tribunal by the claimants, therein stood disposed of in the following terms:-

(2.) Brief facts necessary for the adjudication of the present appeals are that one Sh. Jagdish Chand, husband of claimant Sarita, son of claimant Dropti and father of the remaining two claimants, lost his life in an accident which took place on 19/8/2017, involving vehicle bearing registration No. HP-15A-6105, near Paradise Hotel at village Jangeshu, Police Station Parwanoo, District Solan, H.P., at around 3:45 P.M. The vehicle was being driven by its owner Pukhraj Meena, who also lost his life in the said accident. The claimants filed the petition under Sec. 166 of the Motor Vehicles Act, claiming compensation to the tune of Rs.75,00,000.00 (Rupees Seventy Five Lacs Only) inter-alia on the ground that at the time of his death, the deceased was 52 years old and was serving as a Laboratory Technician at Central Research Institute Kasauli, District Solan, H.P., wherein, he was drawing salary of Rs.46,200.00 per month. As per the record, whereas, the Insurance Company contested the claim petition, the legal heirs of the deceased owner/driver who were also impleaded as respondents in the claim petition were proceeded against ex-parte, which also included one minor. In the response, which was filed to the claim petition by the Insurance Company, objections were taken with regard to the maintainability of the petition as well as the locus of the claimants to file the same. Further, objection was taken by the Insurance Company with regard to the risk not being covered by the Insurance Policy and also that the deceased being a gratuitous passenger could not get benefit thereof. It was further the case of the Insurance Company that the vehicle was being driver in violation of the provisions of the Insurance Policy.

(3.) On the basis of the pleadings of the parties, learned Tribunal framed the following issues:-