NATIONAL INSURANCE COMPANY LTD. Vs. MAHMOODA AKHTAR

JUDGEMENT

(1.) THE National Insurance Company Limited has filed this appeal against the award, dated 31st October, 2006, made by the Motor Accident Claims Tribunal, Fast Track Court, Shimla, Himachal Pradesh (hereinafter referred to as "the Tribunal") in Claim Petition No. 53 -S/2 of 2005/2002, titled as Mst. Zarifa and others versus M/S. Durga Gas Agency and others, whereby compensation to the tune of Rs. 7,27,500/ - with interest @ 6.5% from the date of the petition till payment came to be awarded in favour of the claimants and the insurer was saddled with liability (hereinafter referred to as "the impugned award").

(2.) DECEASED -Abdul Rashid Teeli became victim of an incident/accident, which, as per the averments contained in the claim petition, was outcome of use of a motor vehicle. It is specifically averred in para 4 of the claim petition that the deceased was employed by Durga Gas Agency as a labourer and was earning Rs. 7500/ - per month. On 5th January, 2001, at about 10.30 A.M., at the premises of Durga Gas Agency Godown, Sanjauli, Shimla, when the deceased was loading cylinders in the truck bearing registration No. HP -07 -3708, a stack of the cylinders loaded in the said truck hit the deceased, who died on the spot. The cause of the death of the deceased was the sudden movement of the truck, which was rash and negligent act of the driver.

(3.) THE insurer, insured -owner and driver contested the claim petition on the grounds taken in the memo of objections. After examining the pleadings and the documents, the Tribunal framed the following issues: