ORIENTAL INSURANCE COMPANY Vs. GULAM MOHAMMAD

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") and has thrown challenge to the award, dated 18th July, 2006, passed by the Motor Accident Claims TribunalIII, Kangra at Dharamshala, H.P. (hereinafter referred to as "the Tribunal") in MACP No. 40J/2001, titled as Gulam Mohammad & others versus Raj Kamal & others, whereby Rs. 2,10,000/ came to be awarded as compensation in favour of the claimants, as per the shares apportioned in the award, alongwith interest @ 7.05% per annum from the date of the petition till its realization (hereinafter referred to as "the impugned award"), on the grounds taken in the memo of appeal. Brief facts:

(2.) During pendency of the appeal, claimantGulam Mohammad, respondent No. 1, passed away and his name was deleted from the array of respondents vide order, dated 14th September, 2007, with the observations that his legal representatives were already on record as claimants/respondents No. 2 and 3. Thereafter, claimantrespondent No. 3, Ali Din Ansari, also passed away and his legal representatives were brought on record vide order, dated 7th March, 2014, as respondents No. 3 (a), 3 (b) and 3 (c).

(3.) This is how the long pendency of the claim petition as well as this appeal, which is on the Board of this Court for the last eight years, have deprived the claimants from the compensation, who are wandering and the procedural wrangles and tangles have rendered their lives miserable and have added to their sufferings which they have suffered being the victims of the vehicular accident, which was caused by respondent No. 4Raj Kamal, driver of the offending vehicle, truck/canter bearing registration No. HP480753, which he has driven rashly and negligently on 22nd October, 2000, at School Playground, Village Harnota, Tehsil Jawali, District Kangra, H.P. and hit deceased, Chanchlo Devi, who succumbed to the injuries, constraining the claimants, Gulam Mohammad, husband of the deceased (claimant No. 1), Mohammad Hussain and Ali Din Ansari, sons of the deceased (claimants No. 2 and 3) to file the claim petition before the Tribunal for grant of compensation to the tune of Rs. 10,50,000/ as per the averments contained in the claim petition read with the breakups given in the claim petition.