ORIENTAL INSURANCE COMPANY LIMITED Vs. SUMAN DEVI

JUDGEMENT

(1.) The instant appeal is maintained by the appellant/ Oriental Insurance Company (hereinafter referred to as "the appellant"), under Sec. 173 of the Motor Vehicles Act (for short "the Act"), against the award dtd. 31/3/2015, passed by the learned Motor Accidents Claim Tribunal, Chamba, Division Chamba, H.P., in MAC Petition No.25/2013 (395/2013), with a prayer to set aside/modify the impugned award.

(2.) Succinctly, the facts giving rise to the present appeal are that petitioners Pritam Chand and Kanta Devi, filed a claim petition under Sec. 166 of the Act before the Tribunal below, whereby they sought compensation to the tune of rupees twenty lacs on account of death of their son Shri Gurmeet Singh. However, during pendency of the said claim petition, petitioner No.1 Pritam Singh (father of deceased Gurmeet Singh) died and subsequently his legal heirs, namely, Suman Devi and Neelama Devi, were brought on record as petitioners No.1(a) and 1(b), respectively. As per the petitioners, deceased Gurmeet Singh died in a motor accident on 26/1/2013, involving vehicle (Mahindra Maxi Cab) bearing registration No.HP-02C-0145, near Lunni Char, Tehsil Bharmour District Chamba, H.P. It was further averred that on 26/1/2013 the deceased hired the vehicle in question and he was traveling from Village Siunr to Holi, which was being driven by one Devender Kumar (respondent No.4 herein) in a rash and negligent manner and when the said vehicle reached near village Machhater, the driver could not control it and the vehicle rolled down and fell in Ravi river, as a result of which, the deceased sustained multiple injuries and ultimately died in District Hospital, Chamba on 28/1/2013

(3.) As per the petitioners, the deceased was 24 years old and he was working as mason and apart from this, he used to assist his parents in agriculture and was earning Rs.20,000.00 per month. The offending vehicle was owned by one Sarola Ram (respondent No.5 herein) and it was insured with Oriental Insurance Company (appellant herein). It was also averred that the deceased was hale and hearty young man, hence, the petitioners sought compensation to the tune of rupees twenty lacs.