ORIENTAL INSURANCE COMPANY Vs. SUDESH KUMARI

JUDGEMENT

(1.) Appellant-Insurance Company has invoked the jurisdiction of this Court in terms of Section 173 of the Motor Vehicles Act (for short 'the Act') and questioned the award, dated 30.6.2006, passed by Motor Accident Claims Tribunal, Una, (hereinafter referred to as the 'Tribunal'), in MAC Petition No.38 of 2003, titled Sudesh Kumari and others versus Ramesh Chand and others, (for short the 'impugned award'), whereby a sum of Rs.8,71,551/- stands awarded in favour of the claimants (respondents No.1 to 4 herein) and the appellant was directed to satisfy the impugned award.

(2.) It is necessary to give a flash back of the case, the womb of which has given birth to the present appeal. One Parveen Kumar, husband of claimant No.1, father of claimants No.2 and 3 and son of claimant No.4, on 25th June, 2003, was traveling on a scooter bearing No.HP-19A- 7675 and was on the way to his office. When he reached near Mubarakpur, a tractor, bearing registration No.HP-19A- 0432, being driven by the driver, namely, Ramesh Chand, rashly and negligently, hit the scooter. As a result, Parveen Kumar sustained injuries, was taken to Primary Health Centre, Amb, fromwhere he was referred to PGI, Chandigarh and on the way to the PGI, he succumbed to the injuries. It was pleaded by the Claimants that the deceased was drawing Rs.9,000/- per month as salary and was of the age of 39 years. Thus, the Claimants, having lost source of dependency, claimed compensation to the tune of Rs.30.00 lacs, as per the break-ups given in the Claim Petition.

(3.) Respondents i.e. driver, owner and insurer resisted the Claim Petition.