NEW INDIA ASSURANCE COMPANY LTD. Vs. NIRMALA DEVI

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 3.11.2005, passed by the Motor Accident Claims Tribunal Kullu, District Kullu, H.P. in claim petition No. 2 of 2004, titled as Smt. Nirmala Devi versus Rattan lal Sharma and others, whereby compensation to the tune of Rs. 7,67,000/- along with interest at the rate of 7.5% per annum came to be awarded in favour of claimantsrespondents No. 1 to 5 herein, against the appellant/insurer and insured owner, for short "the impugned award", on the grounds taken in the memo of appeal.

(2.) Apparently, Smt. Nirmala Devi and others being victims of motor vehicles accident had invoked the jurisdiction of the Motor Accident Claims Tribunal, for the grant of compensation to the tune of Rs. 6 lacs, as per the break-ups given in the memo of claim petition, on the grounds, which can aptly and precisely be summarized as under:

(3.) Deceased Rattan Singh, who was bread earner and source of dependency of the claimants, was travelling in the car bearing registration No. HP58-0225 on 6.10.2003, and was going from Shimla to Bilaspur, which was hit by a truck bearing registration No.HP-11-3418, which was being driven by the driver of the offending truck rashly and negligently and caused the accident in which deceased sustained injuries and succumbed to the same.