NATIONAL INSURANCE COMPANY LTD. Vs. RANJEETA AND ORS.

JUDGEMENT

(1.) THE appellant -insurer has questioned the award dated 12th January, 2010, passed by the Motor Accidents Claims Tribunal (I) Mandi, District Mandi, H.P. (hereinafter referred to as 'the Tribunal'), in Claim Petition No. 12 of 2008, whereby compensation to the tune of 4,17,500/ - with interest @ 7.5% per annum from the date of filing of the claim petition, came to be awarded in favour of the claimants -respondents No. 1 to 4 herein and the insurer - -National Insurance Company -appellant herein, was saddled with the liability, (hereinafter referred to as 'the impugned award').

(2.) THE claimants, being victims of the vehicular accident, filed a claim petition before the Tribunal, on 26th February, 2008, titled as Smt. Ranjeeta & others versus Arun Kumar & others, for grant of compensation to the tune of Rs. 7,20,000/ -, as per the break -ups given in the claim petition, on the ground that one Raj Kumar had driven the bus bearing registration No. HP -31 -6555, rashly and negligently, on 14.09.2001, at about 4.00 p.m., near Gupta Furniture House at Slapper, District Mandi, hit Maruti Van bearing registration No. HP -01 -0517, which was being driven by deceased, namely, Sanjay Kumar @ Sanju, who sustained injuries and succumbed to the injuries on the spot. The claimants have also pleaded in the claim petition that the deceased was earning Rs. 3300/ - per month and they have lost their sole bread earner.

(3.) FOLLOWING issues came to be framed by the Tribunal: