ORIENTAL INSURANCE COMPANY LTD. Vs. MEENA

JUDGEMENT

(1.) CHALLENGE in this appeal is to the award, dated 1st December, 2006, passed by the Motor Accident Claims Tribunal, Mandi, H.P., (for short, the Tribunal), in Claim Petition No. 19 of 2004, whereby compensation to the tune of Rs. 4,90,000/ - was awarded in favour of the claimants, (respondents No. 1 and 2 herein), and against the insurer (appellant herein), with interest at the rate of 7.5% per annum from the date of the claim petition, (for short, the 'impugned award').

(2.) CLAIMANTS -respondent No. 1 and 2, being the victims of vehicular accident, filed a Claim Petition before the Tribunal for grant of compensation to the tune of Rs. 10.00 lacs, as per the break -ups given in the Claim Petition, on the ground that on 9th February, 2004, at about 5.00 p.m., Surinder Singh, son of the claimants, while going from Bhojpur Bazaar to Lalit Chowk, Sundernagar on National Highway 21, on a scooter, bearing registration No. HP -31 -2619, was hit by the offending vehicle Tata 207 bearing registration No. HP 650388, which was being driven by its driver, namely, Mohinder Singh (respondent No. 4 herein), rashly and negligently and the said Surinder Singh sustained injuries, was taken to Civil Hospital, Sundernagar, where he succumbed to the injuries. It was averted that at the time of death, the deceased was 21 years of age and was employed as Sepoy in the J & K Riffles and his monthly salary was Rs. 8,000/ - per month.

(3.) I wonder, how the Tribunal has dealt with the case, speaks volumes and even eye opener for the Presiding Officers manning the Tribunals that they should not scuttle away the cases enroute the way the Tribunal has done in the present case. It is known to everyone that granting of compensation is just to ameliorate the sufferings of the victims and is to be taken to its logical end without succumbing to the niceties of law, hyper -technicalities and procedural wrangles and tangles. Not only this, the Tribunal has to decide the cases summarily as far as possible without insisting for strict proof, as required in other civil cases. Because of this reason, Section 169 of the Motor Vehicles Act (hereinafter referred to as the Act) provides that Claim Petitions have to be decided summarily only. Rules and strength of proof are not required and amount of compensation is to be awarded by doing the guess work.