ORIENTAL INSURANCE COMPANY LTD. Vs. NIRMALA DEVI

JUDGEMENT

(1.) This appeal is directed against the award dated 23.11.2013 rendered by the Motor Accident Claims Tribunal (III), Shimla in MAC Petition No. 71-S/2 of 2012/11.

(2.) "Key facts" necessary for the adjudication of this appeal are that respondents-claimants have filed claim petition before the Motor Accident Claims Tribunal (III), Shimla claiming Rs. 15 lakhs alongwith interest @ 12%. According to the averments contained in the claim petition, deceased Kartar Singh was working as a labourer/helper in the ill-fated vehicle for loading and unloading of material. On 28.11.2010 at about 12.15 A.M., deceased was travelling in the vehicle in the course of his employment. When the vehicle reached near Chyalli Mour, Village Gondo, it rolled down into a gorge and deceased was crushed and succumbed to his injuries on the spot. Post-mortem on the dead body was conducted on 28.11.2010. FIR No. 144/2010 dated 28.11.2010 was registered under sections 279,337 and 304-A of the Indian Penal Code at Police Station, Dharampur, District Solan. According to the claimants, they are legal heirs of deceased. Late Sh. Kartar Singh was getting Rs. 10,000/- per month as salary from his employer. He was also earning Rs. 50,000/- per annum by selling vegetables etc. grown on irrigated land. He was the only bread earner of the claimants.

(3.) The claim petition was resisted by respondent Nos. 4 to 6 and appellant, i.e. Insurance Company. Learned Motor Accident Claims Tribunal (III), Shimla framed issues on 10.10.2012. Motor Accident Claims Tribunal awarded a sum of Rs. 7,57,000/- to the claimants with interest @ 9% per annum from the date of filing of petition till the final realization of the amount. Respondent Nos. 4, 5 and 6 were jointly and severally held liable to pay the compensation. However, ultimately liability was fixed on appellant being insurer of the vehicle. Hence, the present appeal.