ORIENTAL INSURANCE COM. LTD. Vs. SATYA DEVI

JUDGEMENT

(1.) Present appeal has been preferred by Insurance Company under Sec. 173 of Motor Vehicles Act against Award dtd. 20/8/2013 passed by the Motor Accident Claims Tribunal (II), Shimla (in short 'the MACT') in Claim Petition No. 27-S/2 of 2010 titled Satya Devi and others vs. Baldev Ram and others filed under Sec. 166 of Motor Vehicles Act whereby the MACT has held that claimants/respondents No.1 to 6 are entitled for compensation of Rs.15,80,000.00 along with interest at the rate of 7.5% per annum from the date of filing of petition i.e. 25/3/2010 till realization of whole amount which includes loss of contribution Rs.15,60,000.00, loss of estate Rs.5000.00, funeral charges Rs.5000.00 and loss of consortium Rs.10,000.00.

(2.) For convenience, the parties herein are being referred as per their status before the MACT.

(3.) Brief facts of the case are that on 10/7/2009 deceased Surat Ram, working as T-mate in the Electricity Department, and his co-employee Budhi Ram, working as Assistant Lineman in the same Department, were returning from Nav Bahar after attending the complaints of consumers, boarded the bus bearing registration No.HP-63-2638 being driven by respondent No.1 Baldev Ram, owned and possessed by respondent No.2 Sangeeta Dogra and insured by respondent No.3 Oriental Insurance Company Limited (present appellant). Surat Ram was standing near front door whereas Bhudhi Ram was standing near rear door. Doors of bus were open. When bus reached near Sanjauli at 2.15 PM, the bus driver, who was driving the bus in high speed in rash and negligent manner applied sudden brakes. For applying sudden brake in rash or negligent manner, Surat Ram fell down out of the bus and suffered injuries in his left leg with rear tyre of the bus. Injured Surat Ram was taken to the IGMC hospital. Budhi Ram was accompanying him. The police recorded the statement of Budhi Ram in the hospital under Sec. 154 Cr.P.C. wherein with details of aforesaid facts, he had categorically stated that accident had occurred on account of rash or negligent driving of driver, who, later on, had taken the injured to IGMC. On the basis of aforesaid statement, FIR Ext.PW2/A was registered in Police Station Dhalli, District Shimla.