NARESH VERMA Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal is directed against the award, dated 31st October, 2006, made by the Motor Accident Claims Tribunal-II, Shimla (hereinafter referred to as "the Tribunal") in MAC Petition No. 59-S/2 of 2005, titled as Smt. Geeta and others versus Sh. Naresh Verma and others, whereby compensation to the tune of Rs. 4,42,000/- with interest @ 7.5% per annum from the date of filing of the claim petition till its realization came to be awarded in favour of claimants No. 1 to 5 and the insurer-New India Assurance Company Limited was directed to satisfy the award at the first instance with liberty to recover the same from the owner-insured- appellant (hereinafter referred to as "the impugned award") on the grounds taken in the memo of appeal. Brief facts:

(2.) The claimants filed claim petition before the Tribunal for grant of compensation to the tune of Rs. 15,00,000/- as per the break-ups given in the claim petition on the ground that the deceased, namely Shri Devender Kumar, became victim of the motor vehicular accident, which was caused by the driver, namely Shri Maan Singh, while driving the offending vehicle-Pick Up, bearing registration No. HP-51-2118, rashly and negligently on 11th November, 2004, at Kadhiar Nala near Junga at about 1.30 p.m., deceased sustained injuries and succumbed to the injuries.

(3.) It is averred in para 10 and 24 of the claim petition that the deceased had hired the offending vehicle for carrying vegetables from Damechi to Junga and had to purchase household goods, met with the accident. It is further pleaded that the deceased was earning Rs. 16,000/- as a milk vendor and Rs. 3,000/- as green grocer.