NATIONAL INSURANCE CO LTD Vs. LALITA DEVI

JUDGEMENT

(1.) The present appeal has been preferred under section 173 of the Motor Vehicles Act by National Insurance Co. Ltd. against the order dated 5.7.2004 passed in M. A. C.P. No. 13-K of 2002 by the Motor Accidents Claims Tribunal-Ill, Kangra at Dharamshala (in short called 'learned Tribunal'), whereby the claim petition preferred by respondent Nos.1 to 5 under section 166 of the Motor Vehicles Act, ] 988 (in short 'the M V Act') for compensation to them in reference to the death of Mohinder Singh in a motor accident involving the truck bearing No. HP 40-1260 owned by Himachal Flour Mills, Kangra has been allowed.

(2.) While adjudicating the claim petition, the learned Tribunal has awarded a compensation to the tune of Rs. 5,04,000 in favour of respondent Nos. 1 to 5 with further direction to deposit Rs. 2,00,000 in favour of respondent No. 1 and respondent Nos. 2 to 4 stated to be entitled to the tune of Rs. 75,000 each and Rs. 79,000 is directed to be awarded in favour of respondent No. 5 (being mother of the deceased) and the amount to be paid to minors, i.e., respondent Nos. 2 to 4 were directed to be kept in fixed deposit, till they attain majority and the respondents were also held entitled to interest at the rate of 6 per cent per annum on the aforesaid amount of compensation from the date of petition till its realization.

(3.) In order to adjudicate the present appeal, it is necessary to appreciate the facts that Mohinder Singh (deceased) was directed on 1.12.2001 to ply the vehicle to supply the flour at Paragpur. However, while coming back on 2.12.2001 from Paragpur to Kangra after unloading the flour, when the vehicle reached at Purani Chungi, the driver noticed that there was a traffic jam on the main road, therefore, he took the vehicle by another route after crossing the bridge and while ascending he tried to change the gear of the vehicle but the vehicle could not take the gear due to mechanical fault, the deceased applied the brakes immediately but the vehicle became out of order. Then Mohinder Singh, deceased asked the conductor to apply gutka to the wheel of the vehicle as the vehicle was moving back. Even on application of gutka, the vehicle did not stop from rolling backward due to the slope and ultimately it fell down in the Baner khad, about 300 to 400 ft down from the road. Consequently, Mohinder Singh sustained multiple injuries on his person and succumbed to injuries on next day when he was shifted from Civil Hospital, Kangra to P.G.I., Chandigarh. The claim of compensation filed by the respondent Nos. 1 to 5, i.e., widow, minor children and the mother of the deceased Mohinder Singh, on the ground that the accident was the result of negligence and carelessness of Himachal Flour Mills, Kangra as the vehicle was not got repaired well within time. Reply on behalf of the respondent No. 6 herein was filed controverting the averments of the claim petition by denying that the said vehicle was not road worthy. It was also denied that the said vehicle was having problem in gear and brakes.