ORIENTAL INSURANCE COMPANY Vs. LEKH RAJ

JUDGEMENT

(1.) Subject matter of this appeal is the award, dated 29th December, 2006, made by the Motor Accident Claims Tribunal, Chamba, (hereinafter referred to as the Tribunal), in Claim Petition No.71 of 2005, titled Lekh Raj and anr. Vs. Reena Thakur and others, whereby compensation to the tune of Rs.2,66,000/-, with interest at the rate of 9% per annum from the date of filing of the claim petition till its realization, was awarded in favour of the claimants and the insurer was saddled with the liability, (for short, the impugned award).

(2.) The insurer, feeling aggrieved and dissatisfied, has questioned the impugned award on various grounds taken in the memo of appeal.

(3.) Kiran Kumar became victim of the vehicular accident, which was caused by the driver, namely, Pankaj Kumar, while driving the vehicle bearing registration No.HP- 48-1277, rashly and negligent on 15th October, 2005 at 8.30 a.m., at Mai-ka-Bag, Chamba Town, sustained injuries and succumbed to the same. The claimants, being the parents of the deceased, sought compensation to the tune of Rs.7.00 lacs as per the break-ups given in the claim petition. It was averred by the claimants that the deceased was a labourer, earning Rs.5,000/- per month by performing the job of loading and unloading, of 24 years of age at the time of accident and they, being dependant on the deceased, lost source of dependency.