NEW INDIA ASSURANCE CO LTD Vs. RATTU DEVI

JUDGEMENT

(1.) THIS appeal has been filed by New India Assurance Co. Ltd. (hereinafter referred to as 'the respondent no. 1') against the award dated 12. 3. 2001 passed by the learned Motor Accidents claims Tribunal, Shimla in M. A. C. C. No. 69-S/2 of 1998, allowing the claim petition.

(2.) THE brief facts of the case are that tulsi Ram died in an accident involving truck No. HIS 3512 owned by Rajinder chhajta and it was being driven by Parvinder Singh, driver, respondent No. 3, at the time of accident. The truck was insured with the respondent No. 1. The claimants are the widow and minor children of Tulsi ram. The parties in this judgment are referred in the same manner as referred in the impugned award.

(3.) THE case of the claimants is that Tulsi ram was aged 35 years and he was a carpenter and horticulturist by occupation. His monthly income was Rs. 6,000. The claimants were dependent on Tulsi Ram who died in an accident involving truck No. HIS 3512 which took place on 21. 11. 1996 at Bora in Tehsil Chopal, District Shimla. The accident occurred due to the rash and negligent driving of truck by respondent no. 3. The claimants claimed Rs. 6,00,000 by way of compensation on account of death of Tulsi Ram.