NATIONAL INSURANCE CO. LTD. Vs. SHAKUNTLA DEVI

JUDGEMENT

(1.) The instant appeal is maintained by the appellant- National Insurance Company (hereinafter referred to as "the appellant"), under Sec. 173 of the Motor Vehicles Act, 1988 (for short "the Act"), against the award dtd. 28/5/2015, passed by the learned Motor Accident Claims Tribunal-I, Kangra, at Dharamshala, H.P., in MACP(RBT) Petition No. 75-K/II/14/07, whereby the claim petition filed by respondents No.1 to 4/petitioners (hereinafter referred to as 'the petitioners) was allowed and a sum of Rs.32,72,500.00 was awarded as compensation in their favour alongwith interest at the rate of 7.5% per annum from the date of the petition till the date of actual payment and the appellant/insurance company was directed to pay the same.

(2.) Succinctly, the facts giving rise to the present appeal are that the petitioners (respondents No.1 to 4 herein) filed a petition under Sec. 166 of the Act before the learned Tribunal below, seeking compensation of Rs.8,00,000.00. As per the petitioners, late Shri Ranjeet Singh, who was husband of petitioner No.1 and father of petitioners No.2 to 4, used to earn his livelihood by running the mules and also doing agricultural work and his monthly income was Rs.15,000.00. On 13/11/2006, he was walking on the left side of the road near Hotel Lal Restaurant, village Barai for searching his mules and at about 07:45 p.m., respondent No.1- Gurdeep Singh (respondent No.5 herein and died during the pendency of the instant appeal), who was driving the truck bearing registration No.HP-37A-5330 in a rash and negligent manner, hit the said vehicle against Ranjeet Singh, as a result of which, he fell down on the road and sustained grievous injuries and thereafter he was taken to Civil Hospital, Nagrota Bagwan, where he succumbed to his injuries. The postmortem on the corpse of the deceased was conducted at Zonal Hospital, Dharamshala. As per the petitioners, they were totally dependent on the income of the deceased and after his death, they lost their livelihood. Hence, it was prayed that the claim petition may be allowed and they be granted compensation of Rs.8,00,000.00 from the respondents.

(3.) In their reply, respondents No1 and 2 i.e.driver and owner of the offending vehicle, admitted that the accident had taken place on 13/11/2006 at around 07:45 p.m. However, it was averred that the deceased was walking adjoining to the main road, but all of a sudden, he rushed to cross the road and got struck with the truck bearing registration No.HR-37A-5330, which was coming from Palampur side as such the accident did not take place due to the rash and negligent driving of respondent No.1.However, it was admitted that the deceased had died due to the multiple injuries caused in the accident.