UNITED INDIA INSURANCE CO. LTD. Vs. POONAM

JUDGEMENT

(1.) By way of instant appeal, award dtd. 7/11/2016, passed by the learned Motor Accident Claims Tribunal (1), Kangra at Dharmshala, H.P. (for short the Tribunal) in case RBT MACP No. 39-K/II/13/08, has been challenged by the insurer of the vehicle involved in the accident.

(2.) Respondents No. 1 to 4 herein (hereinafter referred to as the claimants) filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988, (for short, the Act), for compensation on account of death of Sh. Wilson in an accident dtd. 26/11/2006 involving motor vehicle (Car) bearing registration No. UP-15Y-7910. Respondents No. 5 and 6 herein (hereinafter referred to as owner and driver respectively) and the appellant herein (hereinafter referred to as the insurer) were impleaded as respondents.

(3.) The claimants alleged that on 26/11/2006, the Sh. Wilson along with his other relatives was travelling in vehicle No. UP-15Y-7910, driven by the driver. At about 10.15 AM, when the vehicle reached near IPH Office old Kangra, the driver could not control the vehicle and as a result of which, it went out of the road, causing injuries to other occupants and death of Sh. Wilson. In this manner, the accident was attributed to rash and negligent driving of the driver.