RELIANCE GENERAL INSURANCE CO. LTD Vs. MEENA DEVI

JUDGEMENT

(1.) This appeal has been preferred under Sec. 173 of the Motor Vehicles Act, 1988 (for short the Act) against the award dt. 5/6/2018, passed by the learned Motor Accident Claims Tribunal-I, Sirmour District at Nahan, H.P. (for short the Tribunal) in MAC Petition No. 252-MAC/2 of 2015, whereby compensation of Rs.4,05,500.00 along with interest at the rate of 7.5% per annum has been awarded in favour of respondents No. 1 to 4 herein (hereinafter referred to as the Claimants) on account of death of Sh. Ram Kumar.

(2.) On 26/11/2015, at about 11.15 PM deceased Ram Kumar while riding Motorcycle No. HP -17D-0682 met with an accident at Bata Pull Chowk, Paonta Sahib, District Sirmour, with respondent No.5 herein (hereinafter referred to as the Owner) of the motorcycle on the pillion.

(3.) Ram Kumar succumbed to the injuries suffered by him as a result of accident. The claimants being wife and children of Ram Kumar preferred claim petition under Sec. 163A of the Act before the learned Tribunal by impleading the owner and Reliance General Insurance Company Ltd. (hereinafter referred to as the Insurer) as party respondents. The cause of accident was attributed to failure of brakes of the motorcycle.