ORIENTAL INSURANCE COMPANY Vs. MALTI & OTHERS

JUDGEMENT

(1.) The present appeal is maintained by the appellant-Oriental Insurance Company, who was respondent No. 1 before the learned Tribunal below (hereinafter referred to as "the appellant"), under Section 173 of the Motor Vehicles Act, 1988 (as amended by the Act of 1994) (hereinafter referred to as "the Act") against the award dated 16.07.2011, passed by the Motor Accident Claims Tribunal, Fast Track Court, Chamba, H.P., in M.A.C. No. 1/2011.

(2.) Briefly stating the facts giving rise to the present appeal are that respondents No. 1 to 5/claimants, who were the petitioners before the learned Tribunal below (hereinafter referred to as "the claimants), maintained a petition under Section 166 of the Act against the appellant/Insurance Company/respondent No. 1 in the learned Tribunal below (hereinafter referred to as "respondent No. 1"), respondents No. 6 and 7 herein, who were respondents No. 2 and 3, respectively, being owner and driver of the ill fated vehicle, which met with an accident, (hereinafter referred to as "respondents No. 2 and 3") for compensation on account of death of husband of petitioner No. 1, Smt. Malti, and father of petitioners No. 2 to 5, which was caused due to the rash and negligent driving of respondent No. 3 while driving the vehicle, bearing registration No. HP 68-0186 (pick up) owned by respondent No. 2.

(3.) As per the petitioners Shri Man Singh (deceased), who was husband of petitioner No. 1 and father of petitioners No. 2 to 5, on 04.10.2010 was traveling from Dand to Chakhotar, being owner of goods, in vehicle No. HP 68- 0186. the said vehicle was being driven by respondent No. 3 in a rash and negligent manner and while negotiating a curve near Falanju Nallah the vehicle fell down into the gorge, which resulted into the death of the deceased. It is further contended that the deceased was 53 years of age at that time and was employed as Beldar/Mate in HPPWD, Salooni. His monthly salary was Rs. 14,676/- and he was earning Rs. 5000/- from agriculture. The report qua accident was registered at Police Station, Kihar, vide FIR No. 70/2010 and post mortem of the deceased was also conducted. As per post mortem, the deceased had died due to intra cranial haemorrhage and head injury. Vehicle was owned by respondent No. 2 and it was insured with respondent No. 1 (appellant herein). As per the petitioners, they were dependent upon the deceased and they have been deprived of the love and affection and they have also suffered mental agony, pain, financial loss etc.