NEW INDIA ASSURANCE CO. LTD. Vs. NEELMANI

JUDGEMENT

(1.) By way of instant appeal, appellant has assailed award dtd. 19/11/2012, passed by learned Motor Accident Claims Tribunal, Chamba, District Chamba, H.P. in Claim Petition MACT No. 60 of 2011.

(2.) Sh. Neelmani (now deceased), was the original petitioner in MAC Petition No. 60 of 2011 before learned Motor Accident Claims Tribunal, Chamba, District Chamba, H.P. (for short 'the Tribunal'), seeking compensation under Sec. 163-A of the Motor Vehicles Act, 1988 ( for short 'the Act') on account of the death of his son Sh. Arvind Kumar.

(3.) As per case set-up in the claim petition, it was averred that Arvind Kumar was driving vehicle No. HP-73- 5005 on 21/5/2011, which met with an accident resulting in the death of Arvind Kumar. The occupation of deceased was stated to be agriculturist and driver. His income was claimed at Rs.3,300.00 per month. The vehicle belonged to respondent No. 2 herein (for short 'the owner'). It was also alleged that deceased Sh. Arvind Kumar was 19 years old at the time of his death. The death was stated to be instantaneous on spot.