NEW INDIA ASSURANCE COMPANY LTD. Vs. KHURSHEDA BEGUM

JUDGEMENT

(1.) By way of instant appeal, appellant (hereinafter referred to as the Insurer) has assailed award dtd. 27/10/2016, passed by learned Motor Accident Claims Tribunal, Shimla, H.P.( for short 'the tribunal') in MAC No. 5-S/2 of 2015, whereby respondents No. 1 to 6 (hereinafter referred to as claimants) have been awarded compensation to the tune of Rs.23,75,000.00 with interest @ 7.5 % per annum on the award amount from the date of filing of petition till realization.

(2.) The claimants being legal heirs and dependents of deceased Zakir Husain filed a petition under Sec. 166 of the Motor Vehicles Act, for compensation on account of death of Sh. Zakir Hussain, who had died in a road accident involving vehicle No.DL-1GC-2621.

(3.) It was the case of the claimants that on 1/8/2014 Sh. Zakir Hussain was travelling in aforesaid vehicle alongwith his goods. At about 9:00 PM, the said vehicle got involved in an accident due to rash and negligent driving of respondent No. 8 (hereinafter to be referred to as 'driver'). The vehicle involved in the accident was stated to be owned by respondent No. 7 (hereinafter to be referred as 'owner') and insured by the insurer (appellant herein)