UNITED INDIA INSURANCE COMPANY LTD Vs. YANGZUM

JUDGEMENT

(1.) BY the medium of the present appeal, the insurer (original respondent No.3) has challenged the award, dated 23rd May, 2007, passed by Motor Accident Claims Tribunal, Kullu, H.P., (for short, the Tribunal), whereby Claim Petition No.30 of 2006, titled Yangzum and another vs. Praveen Acharya and others, came to be determined and compensation to the tune of Rs.1,50,000/ -, with interest at the rate of 7% per annum, was awarded in favour of the Claimants and the insurer was saddled with the liability, (for short, the impugned award).

(2.) FACTS of the case, in brief, are that on 8th March, 2006, the deceased Kama (son of the Claimants) was walking on the left side of the road, at about 9.45 A.M. In the meanwhile, the offending vehicle i.e. bus bearing registration No.HP -02K -0162, being driven by its driver rashly and negligently, came from Manali side, hit the deceased Kama as a result of which he got crushed under the front wheel of the said bus and died on the spot. Thus, the claimants, being the parents of deceased Kama, who was seven years of age at the time of accident, filed the Claim Petition seeking compensation to the tune of Rs.10.00 lacs, as per the breakups given in the Claim Petition.

(3.) THE Claim Petition was resisted by the insurer, the owner and the driver, and the following issues came to be framed by the Tribunal: