SHRIRAM GENERAL INSURANCE COMPANY LIMITED Vs. KALA DEVI

JUDGEMENT

(1.) By way of instant appeal, the appellant (Insurer) has assailed award dtd. 6/1/2015, passed by the learned Motor Accident Claims Tribunal, Shimla, H.P. in M.A.C.C. No. 62-S/2 of 2014/10, whereby a sum of Rs.12,11,000.00 has been awarded as compensation in favour of the claimants. Further, the claimants have also been held entitled to interest @7.5% from the date of filing of petition till realization of the entire amount. The liability to pay compensation has been fastened on the insurer.

(2.) The facts giving rise to filing of claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (for short "Act") are that Shri Tara Chand while driving truck No. HR-37A-6995 met with an accident on 9/2/2010 and died as a result of injuries suffered thereby. The truck was owned by respondent No.7 (for short "owner") and was insured by the appellant (for short "insurer").

(3.) The claim petition was filed by respondents No.1 to 6 herein (for short "claimants") as legal representatives of deceased Shri Tara Chand. It was averred in the claim petition that the cause of accident was abrupt latent defect in the vehicle and also that the vehicle was not properly maintained by the owner.