UNION OF INDIA Vs. SONAM CHOMO

JUDGEMENT

(1.) THIS appeal is directed against the award, dated 6.11.2006, passed by Motor Accident Claims Tribunal, Kullu, Himachal Pradesh, in Claim Petition No. 36 of 2005, titled as Smt. Sonam Chomo and others vs. Union of India and others, whereby compensation to the tune of Rs. 5,52,600/ -, with interest at the rate of 7.5% per annum from the date of filing of petition till its deposit was awarded in favour of the claimants (respondents No. 1 to 3, herein) and against the appellants, (for short, 'the impugned award').

(2.) THE claimants, being the victims of vehicular accident, filed the claim petition 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 deceased, namely Tara Chand was traveling in Maruti Van No. HP -42 -0206 from Kullu to keylong. The Van was hit at Gulaba Mod by a Tipper bearing registration No. 98 -E -66249, belonging to the appellants herein, being driven by respondent No. 3, namely Satinder Pal Singh rashly and negligently, while coming from Marhi to Naggar, as a result of which, the Maruti Van rolled down about 150 -200 feet from the road. Tara Chand, Tashi and Nawang Phunchog suffered injuries in the said accident and lateron, Tara Chand succumbed to the same. FIR No. 106/2004, under Sections 279, 337 and 304A of the Indian Penal Code was registered in Police Station, Manali.

(3.) THE respondents (appellants herein) and the driver contested the claim petition by filing reply.