ORIENTAL INSURANCE COMPANY Vs. SHASHIBALA

JUDGEMENT

(1.) Challenge in this appeal is to the award, dated 10.2.2006, passed by Motor Accident Claims Tribunal, Hamirpur, (hereinafter referred to as 'the Tribunal'), in Claim Petition No.84 of 2004, titled Shashibala vs. Amar Singh and others, whereby compensation to the tune of Rs.6,48,000/- was awarded in favour of the claimants (respondents No.1 to 4 herein), with interest at the rate of 8% per annum, from the date of award till its final realization, (for short the 'impugned award'). Brief facts:

(2.) The claimants being the victim of a vehicular accident invoked the jurisdiction of the Tribunal for grant of compensation to the tune of Rs.50.00 lacs as per the breakups given in the Claim Petition, on the grounds taken in the Claim Petition. The Claimants have pleaded that their bread-earner, namely, Shri Baldev Singh, son of Shri Suhru Ram, aged 33 years at the time of accident, became victim of vehicular accident, caused by the driver, namely, Shri Amar Singh, while driving the offending vehicle Mahindra Pickup bearing registration No.HP-44A-0911 rashly and negligently, on 11th October, 2004 at 1.25 p.m. at Alasghar, and sustained injuries and lateron succumbed to the same. He was earning Rs.10,766/- per month being serving as TGT (Non-Medical) in the Education Department of the State of Himachal Pradesh.

(3.) Driver, owner and the insurer resisted the claim petition by the medium of the written statements. After examining the pleadings, the Tribunal framed the following issues: