NATIONAL INSURANCE COMPANY LTD. Vs. URMILA DEVI

JUDGEMENT

(1.) THE Insurance Company has filed the present appeal assailing the award dated 18.2.2005 passed by the Motor Accident Claims Tribunal (II), Una, H.P., in MAC Petition (RBT) No. 114/01/99, titled as Smt. Urmila Devi and Lakhbir Singh and others, awarding a sum of Rs. 2,61,800/ - alongwith interest @ 9% per annum in favour of the legal heirs of the deceased Shri Phuman Singh.

(2.) SINCE the impugned award has been assailed only by the Insurance Company, therefore, the scope of the present appeal is narrow. Facts necessary for adjudication of the appeal are that on 17.8.1999, vehicle No. DL -IG -8195, met with an accident, in which Shri Phuman Singh, aged 25 years, died.

(3.) THE owner of the vehicle filed written statement admitting the fact that the deceased, who was deputed by Mahalaxmi Transport Company as labourer was travelling in the vehicle for the purpose of unloading the machine at Jallanahdur and on 16.8.1999 on the return journey vehicle met with an accident in which the Shri Phuman Singh died. However, negligence on the part of the driver was denied.