KAMLA DEVI Vs. BAGAT RAM CHAUHAN

JUDGEMENT

(1.) The claimants are in appeal against award dated 7.10.2003 passed by learned Motor Accident Claims Tribunal-1, Sirmaur District at Nahan in MAC Petition No. 16-MAC/2 of 2003, awarding Rs, 4,31,000/- compensation along with interest at the rate of 9% per annum from the date of filing of the petition till payment.

(2.) The facts in brief are that Bishan Singh died in an accident on 15.11.2002 near village Halai involving Maruti Van No. HP-18-5133 which was being driven rashly and negligently by Nutan Kumar near village Halai. The deceased was serving as Junior Basic Teacher in Government Primary School, Koti Dhaman and was drawing Rs. 8,630/- per month salary. The deceased was 52 years of age. An FIR was registered at Police Station, Renukaji under Sections 279, 337 and 304-A IPC. The claimants are widow, minor sons, daughters and mother of the deceased. The original petitioner No. 8, Tulsi Devi died but her legal representatives were already on record except Bahadur Singh who was brought on record. The respondent No. 1 Bagat Ram Chauhan was the owner and respondent No. 2 is the insurer of the vehicle. The claimants claimed Rs. 12,00,000/- compensation along with interest at the rate of 12% per annum on account of death of Bishan Singh.

(3.) The respondent No. 1 contested the petition by filing the reply and has admitted the accident. He has also admitted that deceased was travelling in the Van. It has been denied that Van was being driven rashly and negligently. According to respondent No. 1 the amount claimed is excessive. He prayed for dismissal of the petition but also submitted that liability, if any is of the respondent No. 2 since the vehicle was insured with respondent No. 2. Respondent No. 2 has filed reply and took preliminary objections of maintainability, deceased was unauthorized passenger in the Van and his risk was not covered under the policy. The vehicle was being driven in violation of the terms of the insurance policy. The amount claimed is excessive.