NEW INDIA ASSURANCE CO LTD Vs. RUKMI DEVI

JUDGEMENT

(1.) THE insurance company has preferred this appeal against the judgment and award of the learned motor Accidents Claims Tribunal, Shimla awarding a sum of Rs. 3,70,000 to the claimants along with interest thereon for the death of Chander Singh.

(2.) THE claim arises out of an accident which occurred on 12. 10. 1997 between bhararighat and Namhol when truck bearing No. HIH 335 struck with scooter No. HP 07-0407, on which the deceased was travelling as a pillion rider.

(3.) THE petition was contested by the owner of the vehicle, driver and insurer of the truck. There was also a contest and opposition to the petition by the owner and driver of the scooter. Learned trial court, after a detailed appraisal of the evidence awarded a sum of Rs. 3,70,000 along with interest to the claimants who are the widow, minor children and the mother of the deceased. The insurance company is now in appeal.