NATIONAL INSURANCE COMPANY LTD Vs. MAYA DEVI

JUDGEMENT

(1.) Short controversy involved in this appeal is whether the Tribunal has rightly saddled the insurer with liability while making the award dated 8th May, 2007 passed by the Motor Accident Claims Tribunal, Hamirpur (for short "the Tribunal") in Claim Petition No.63 of 2005, titled Maya Devi & others vs. Anant Ram and others, whereby a sum of Rs.4,88,425/-alongwith interest at the rate of 9% per annum came to be awarded as compensation in favour of the claimants and against the insurer (for short the "impugned award").

(2.) Deceased Bahadur Singh became the victim of vehicular accident, which was alleged to have been caused by the driver of the tractor bearing registration No.HP-33-1670 being driven rashly and negligently on 14.4.2005 at Jahu Kalan (Talai), District Hamirpur at about 8.30 p.m. The deceased sustained injuries and later on succumbed to the same.

(3.) Precisely, the case of the claimants is that the deceased was driving Scooter bearing registration No.HP-22- 1201, was hit by the tractor, which was suddenly stopped by the driver at the place of accident, the tractor hit the scooter, the deceased sustained injuries and lateron succumbed to the same on 16.4.2005. The pillion rider escaped unhurt. FIR was lodged. Claim petition was filed for grant of compensation to the tune of Rs.5 lacs as per the break-ups given in the claim petition.