ORIENTAL INSURANCE COMPANY Vs. SHAKUNTLA DEVI

JUDGEMENT

(1.) Subject matter of the appeal in hand is the award, dated 31st March, 2006, passed by the Motor Accident Claims TribunalII (Presiding Officer, Fast Track Court), Hamirpur, H.P. (hereinafter referred to as "the Tribunal") in MAC Petition No. 32 of 2005 / 29 of 2005, titled as Smt. Shakuntla Devi & others versus Shri Mahesh Kaushal & others, whereby compensation to the tune of Rs. 16,62,564/ was granted in favour of the claimantsrespondents No. 1 to 4 and against the appellant, as per the shares apportioned in the award, alongwith interest @ 6% 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.) It is profitable to give a flashback of the case the womb of which has given birth to the appeal in hand.

(3.) Babu Ram, s/o Shri Jeet Ram became the victim of a vehicular accident at Mehatpur while he was going on his motor cycle from Sarkaghat to Nangal with one Shri Kamal Dev, which was caused by the driver, namely Shri Mahesh Kaushal, while driving the offending vehiclebus bearing registration No. HP20C8465 rashly and negligently on 16th March, 2005. The offending vehicle hit the motor cycle and crushed the deceased. A report was lodged with the police and FIR, Ext. PW3/A, was registered. Investigation was conducted and the challan/final report was presented against the accusedrespondent No. 5, Shri Mahesh Kaushal.