ORIENTAL INSURANCE COMPANY LTD Vs. SALOCHNA AND OTHERS

JUDGEMENT

(1.) Respondents No. 1 to 7 being wife, children and father of Beli Ram (deceased), filed a claim petition under Section 166 of the Motor Vehicles Act before the learned Motor Accident Claims Motor Accident Claims Tribunal(IV) Shimla, District Shimla, Himachal Pradesh, claiming therein compensation to the tune of Rs. 15,00,000/- on account of death of deceased Beli Ram in a motor vehicle accident occurred on 29.9.2002.

(2.) As per claimants, on 29.9.2002 deceased Beli Ram was traveling in the vehicle bearing registration No. HP-37A-1093 (Eicher Canter) owned by respondent No. 8, Smt. Asha Himalvi, from his Village Aloti to Subzi Mandi Dhalli, being driven by its driver in a rash and negligent manner and when vehicle reached at Bajasra at about 7.15 am, it rolled down the road into a deep gorge resulting into death of Beli Ram and driver of the vehicle.

(3.) Respondent No. 8 (owner), while filing reply to the claim petition took objection of maintainability, vehicle being insured with appellant-Insurance Company and liability if any, was that of the insurer. On merits, factum of accident and vegetables being loaded in the vehicle at the time of accident is admitted. However, it was denied that the driver was rash and negligent in driving the vehicle.