UNITED INDIA INSURANCE COMPANY LIMITED Vs. SAMITRA DEVI

JUDGEMENT

(1.) AWARD , dated 28th July, 2007, made by the Motor Accident Claims Tribunal -II (Fast Track), Kullu, H.P. (hereinafter referred to as "the Tribunal") in Claim Petition No. 106 of 2004, RBT. Cl. Pet. No. 40 of 2005, titled as Samitra Devi & others versus Smt. Kusum Sood & another, whereby compensation to the tune of Rs. 5,00,000/ - with interest @ 9% per annum from the date of institution of the claim petition till realization of the same came to be awarded in favour of the claimants and against the insurer (hereinafter referred to as "the impugned award"), has given birth to both these appeals. Thus, I deem it proper to decide both these appeals by this common judgment.

(2.) THE insurer has questioned the impugned award by the medium of FAO No. 325 of 2006 on the ground that the Tribunal has fallen in error in saddling it with liability.

(3.) THE claimants, being the legal representatives of deceased Govind Ram, have claimed compensation as damages by the medium of Claim Petition No. 106 of 2004, RBT. Cl. Pet. No. 40 of 2005, titled as Samitra Devi & others versus Smt. Kusum Sood & another, on the ground that Govind Ram, their bread earner, became the victim of motor vehicular accident, which was caused by the driver, namely Sunil Kumar, while driving truck, bearing registration No. HP -34 -4265, rashly and negligently, on 2nd October, 2004, at about 1.20 a.m. near village Jamli, District Bilaspur. Further contended that deceased -Govind Ram was driver by profession, was working with Saiyla Motors Serwari Bazar, Kullu, was earning Rs. 5,000/ - as a driver and Rs. 5,000/ - from agricultural and horticultural vocations. Driver -Sunil Kumar has also lost his life in the said accident.