NATIONAL INSURANCE COMPANY LTD. Vs. CHINTA MANI

JUDGEMENT

(1.) The appellant-Insurance Company has preferred the instant appeal against the award dtd. 23/3/2015 passed by t e Motor Accident Claims Tribunal, Kinnaur at Rampur Bushahr in MAC Petition No.0100078 of 2011, titled, Smt.Chinta Mani and others vs. Govind Singh and others, whereby the Tribunal awarded a sum of Rs.28,23,000.00 in favour of respondents No.1 to 6/claimants along with interest @ 6% per annum from the date of filing the petition till realization of the amount.

(2.) The key facts necessary for adjudication of dispute in the present appeal are that respondents No.1 to 6/claimants had preferred the claim petition under Sec. 166 of the Motor Vehicles Act, 1988 on account of death of Dalip Singh, who was husband of respondent No.1, father of respondents No.2 to 4 and son of respondents No.5 and 6 claiming an amount of Rs.25,00,000.00 along with interest @ 12% per annum from the date f filing f petition. The accident took place on 19/6/2011 at 5.00 a.m. at Village Pasada, P.O.Dhar Ga ra, Tehsil Rampur, District Shimla, H.P., involving a car No.HP-06A-1841 being driven by respondent No.2 n the said date. The deceased was travelling in the car which was driven by respondent No.2 in a rash and negligent manner.

(3.) It was pleaded in the claim petition that the deceased, at the relevant time, was employed as Cook with M/s Shabri Associates, Serang Hydro Power Project, Tapri and drawing monthly salary of Rs.12,000.00 and was also earning Rs.20,000.00 per month from agriculture and horticulture pursuits.