ORIENTAL INSURANCE CO LTD Vs. DASHODA DEVI

JUDGEMENT

(1.) -The insurer Oriental Insurance Co. Ltd., original respondent No. 3, has filed the present appeal assailing the award dated 8.11.2004 passed by the Motor Accidents Claims Tribunal-I, Solan, H.P. in Petition No. 55-S/2 of 1998, titled as Dashoda Devi v. Kanta Devi.

(2.) The challenge is on the ground that while deciding issue No. 1-A, the Tribunal failed to correctly appreciate the facts and apply the maxim actio personalis moritur cum persona. Similarly, while returning findings on issue No. 3, the relevant provisions of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') were misapplied and misinterpreted rendering the findings to be perverse.

(3.) Brief facts giving rise to the filing of the petition are as under: On 10.9.1996 Surjeet Singh, cleaner was travelling in truck bearing No. HP-07- 891, driven by Ishwar Dutt, original respondent No. 2 and owned by Kanta Devi, original respondent No. 1. The vehicle met with an accident in which Surjeet Singh sustained serious injuries. He was taken to Primary Health Centre, Sairi, Shimla where immediate medical aid was given to him and was referred to the Indira Gandhi Medical College and Hospital at Shimla. There he remained admitted for 35 days, i.e., 10.9.1996 to 15.10.1996.