NATIONAL INSURANCE COMPANY Vs. GOPAL SAHI

JUDGEMENT

(1.) By the medium of the present appeal, Appellant- Insurance Company has invoked the jurisdiction of this Court in terms of Section 173 of the Motor Vehicles Act (for short 'the Act') and questioned the award, dated 17.8.2006, passed by Motor Accident Claims Tribunal (III), Shimla, (hereinafter referred to as the 'Tribunal'), in MAC Petition No.83-S/2 of 2005/04, titled Gopal Sahi and others versus Ram Singh and others, (for short the 'impugned award'), whereby a sum of Rs.3,00,000/-, with interest at the rate of 7.5% per annum from the date of the Claim Petition till realization, stands awarded in favour of the claimants (respondents No.1 to 6 herein) and the appellant-insurer was directed to satisfy the impugned award.

(2.) Brief facts of the case, as pleaded in the Claim Petition, are that on 22.9.2004, at a place known as Akantwari, Smt.Kalpana, aged 40 years, was hit by a vehicle Mahindra Pickup bearing No.HP-25-0619, being driven rashly and negligently by its driver, namely, Sanjay Kumar (Respondent No.8 herein). Resultantly, said Smt.Kalpana sustained injuries, was taken to Primary Health Centre Narkanda, fromwhere was referred to Indira Gandhi Medical College, Shimla and subsequently succumbed to the same. It has been claimed that the deceased was earning Rs.6,000/- per month, (Rs.3,000/- by way of employment and Rs.3,000/- being contribution towards family). Thus, the claimants, being the husband, sons and daughters of the deceased, filed the Claim Petition before the Tribunal for grant of compensation to the tune of Rs.7.00 lacs, as per the break-ups given in the Claim Petition.

(3.) Only the insurer resisted the claim petition by filing reply, while the driver and the owner opted not to file any reply. After examining the pleadings, the Tribunal framed the following issues: