ORIENTAL INSURANCE COMPANY LIMITED Vs. DHARAMU

JUDGEMENT

(1.) The instant appeal is maintained by the appellant-Oriental Insurance Company (hereinafter referred to as 'the appellant') under Sec. 173 of the Motor Vehicles Act (for short 'MV Act') against the impugned award dtd. 15/3/2013, passed by the learned Motor Accidents Claims Tribunal-II, Shimla, HP, camp at Rohru, in MAC No.13-R/2 of 2007, with a prayer to set aside the same.

(2.) Briefly stated the facts of the case, giving rise to the present appeal, are that petitioner-Dharamu (now deceased) filed a claim petition under Sec. 166 of MV Act, whereby he sought compensation on account of death of his brother Shri Dasu It was haverred by the petitioner that on 26/3/2007, when his brother Dasu was present at Samoli Bridge and was about to start his journey to Rohru, due to the rash and negligent driving of bus bearing registration No.HP-10-0888, by its driver (respondent No.3 herein), he was crashed by the said bus, as a result of which, he sustained severe head injury and died. As per the petitioner, at the time of death, the deceased was 52 years old and he was an agriculturist and his monthly income was Rs.4,000.00. He used to reside with the petitioner and support him in his old age. The offending vehicle was owned by one Raj Kumar (respondent No.2 herein) and it was insured with Oriental Insurance Company (appellant herein). Hence, the petitioner sought compensation to the tune of Rs.7,00,000.00.

(3.) The driver and owner of the offending vehicle, in their joint reply, raised preliminary objections qua maintainability of the claim petition and the highly exaggerated claim of compensation. On merits, it was haverred that Dasu Ram was just a beggar, who used to roam in Rohru Bazar and he was not having any income and the petitioner was not dependent upon him.