NATIONAL INSURANCE CO LTD Vs. SUSHMA DEVI

JUDGEMENT

(1.) Appellant National Insurance Co. Ltd. is aggrieved by the award dated 14.10.1999 passed by Motor Accidents Claims Tribunal whereby allowing a petition under section 163-A of the Motor Vehicles Act, filed by respondents Sushma Devi and others, dependants of deceased Suram Singh, a sum of Rs. 2,81,500 together with interest has been awarded as compensation and the appellant has been ordered to pay the aforesaid amount of money together with interest.

(2.) Admitted facts are that the deceased Suram Singh was employed as a driver by respondents Guru Travels to drive their car No. DL IV-1743. While driving that car, Suram Singh (deceased), died in accident of that car on 5.3.1996. Petition was filed under section 163-A, Motor Vehicles Act, by dependants of Suram Singh, claiming compensation. It was alleged that Suram Singh's monthly income was to the tune of Rs. 3,000 and that his age was 25 years. Prayer was opposed by the present appellant inter alia on the ground that Suram Singh himself was responsible for causing the accident and hence, his dependants were not entitled to any compensation.

(3.) The only ground on which the award has been challenged in the present appeal, is that Suram Singh himself being negligent and the accident having taken place because of his negligence, his dependants are not entitled to any compensation.