UNITED INDIA INSURANCE CO LTD Vs. MEHAR DIN

JUDGEMENT

(1.) - United India Insurance Co. Ltd., appellant herein has assailed the impugned award dated 7.5.2004 passed by Motor Accidents Claims Tribunal, Una, H.P. in M.A.C. Petition No. 15 of 2002 titled as Hazara Bibi v. IIIam Din awarding compensation of Rs. 5,44,000 to the claimant who suffered 100 per cent permanent disability in the accident in question.

(2.) Hazara Bibi, the respondent No. 1 herein filed a claim petition under section 166 of the Motor Vehicles Act (hereinafter referred to as 'the Act') claiming compensation for the injuries sustained by her in an accident which took place on 5.5.1997 at about 2.30 p.m. at Saluri, Police Station, Amb, District Una, H.P. The claimant was engaged for the purpose of bringing the bride and the dowry articles to her in-laws house as per the custom and as such was travelling in truck No. HP 19-2865. IIIam Din, the driver drove the vehicle at a high speed and in a rash and negligent manner which caused the accident. The claimant who was given first aid at the local level was finally referred to and given medical treatment at Government Medical College, Chandigarh. She remained admitted in the hospital from 6.5.1997 up to 6.6.1997. Due to the injuries sustained by her she became bedridden as she suffered 100 per cent disability and without support could not even sit and had to take liquid diet. Even for ablutions she required an attendant which is a lifelong affair. Compensation of Rs. 50,000 towards medical treatment and Rs. 20,00.000 as a loss of income was claimed.

(3.) The driver chose not to contest the petition and owners, respondent Nos. 3 and 4 herein, filed a joint reply admitting the occurrence of the accident but clarified that the claimant was not a member of the marriage party.