NATIONAL INSURANCE COMPANY LIMITED Vs. SUSHEELA

JUDGEMENT

(1.) By way of this appeal, the appellant/Insurance Company has prayed for setting aside of the award passed by the learned Motor Accident Claims Tribunal (CBI Court), Shimla, H.P. in MAC Petition No. 1-S/2 of 2019, titled as Susheela and others vs. Simi Nanda and another, dtd. 18/1/2023.

(2.) Brief facts necessary for the adjudication of this appeal are that the respondent-Claimants filed a claim petition before learned Motor Accident Claims Tribunal, praying for compensation on account of the death of Shri Satish Kumar, the predecessor-in-interest of the claimants, who unfortunately died in the course of his employment as a Driver on an Oil Tanker bearing Registration No. HP-51B-0710. Record reveals that the unfortunate death of Shri Satish Kumar took place on 23/6/2018, at around 3:30 p.m. at place Raipur Rani Naraingarh road near Sonu Dhaba, where the deceased after parking his vehicle, noticed fire at the bottom portion of the tanker and while trying to extinguish the fire, suffered multiple injuries and as a result whereof, he died on 28/6/2018.

(3.) The claim petition was resisted inter alia on the ground that the same was not maintainable under the provisions of the Motor Vehicles Act.