ORIENTAL INSURANCE CO LTD Vs. MAYA

JUDGEMENT

(1.) The insurer has come in appeal against the award dated 14.1.2004 passed by the Motor Accidents Claims Tribunal, Mandi in Claim Petition No. 24 of 2001 awarding Rs. 2,26,000 inclusive of the amount already paid under no fault liability to respondent Nos. 1 to 4 along with 9 per cent interest per annum from the date of filing of the petition till realization. The learned Tribunal held liable owner-cum-driver, respondent No. 5 and appellant to pay the compensation.

(2.) The pleaded case of respondent Nos. 1 to 4 is that Beas Dev (now deceased) was on tour for collecting orders of salt. On 15.5.2000 he was on his way to Reckong Peo and the vehicle No. HP 28-1156, in which he was travelling, met with an accident at Kelodhar near Karsog at 11.45 p.m. It was alleged that the accident was caused due to rash and negligent driving of respondent No. 5 who was driving the jeep. Beas Dev died on the spot. He was 49 years and was dealing in salt, lime and was an agriculturist and earning Rs. 6,000 per month. The respondent Nos. 1 to 4 are the widow, children and the mother of the deceased.

(3.) The owner-cum-driver of vehicle, respondent No. 5 involved in the accident, filed reply and admitted the accident as well as death of Beas Dev. He has denied that the accident took place due to rash and negligent driving on his part. He has attributed the accident to the sudden mechanical defect in the vehicle. The insurance company filed reply and contested the claim petition. It was pleaded that the respondent No. 5, who was driving the vehicle, was not holding a valid and effective driving licence at the time of accident. The learned Tribunal ultimately awarded a sum of Rs. 2,26,000 on 14.1.2004 to the respondent Nos. 1 to 4, as noticed above. Respondent No. 5 and appellant were held liable to pay the amount. Hence, appeal by insurance company.