LAWS(HPH)-2014-10-53

NHPC Vs. SHARDA DEVI

Decided On October 17, 2014
Nhpc Appellant
V/S
SHARDA DEVI Respondents

JUDGEMENT

(1.) The appellant has invoked the jurisdiction of this Court in terms of Section 173 of the Motor Vehicles Act (hereinafter referred to as "the MV Act") for setting aside the judgment and award, dated 5th December, 2009, made by the Motor Accident Claims Tribunal (II), Kangra at Dharamshala, H.P. (hereinafter referred to as "the Tribunal") in MACT No. 49-J/2006, titled as Smt. Sharda Devi & others versus NHPC & another, whereby compensation to the tune of Rs. 8,47,736/- with interest @ 6% per annum from the date of filing of the claim petition till its realization came to be awarded in favour of the claimants and the appellantowner- insured came to be saddled with liability (hereinafter referred to as "the impugned award").

(2.) Precisely, the case of the appellant is that deceased- Lajpat Rai was employed as Constable in the Central Industrial Security Force (hereinafter referred to as "CISF), was on active duty with the truck, bearing registration No. HP-44-0795, on 30th October, 2004, for distributing the meals to CISF personnel, who were deployed at Nakroda Barrier Sub Post at Bairra Dam out post.

(3.) In order to determine the issue, it is necessary to mention herein the facts of the case briefly.