NATIONAL INSURANCE COMPANY LTD Vs. KAMLA

JUDGEMENT

(1.) THIS is an appeal filed by the appellant insurance company under section 173 of Motor Vehicles Act, against the award passed by the learned Motor Accidents Claims Tribunal -II, Solan, dated 10.3.2004, vide which the petition filed by respondent Nos. 1 to 4 under section 163 -A of the Motor Vehicles Act was allowed as against the appellant and others and a sum of Rs. 2,48,000 was awarded in favour of respondent Nos. 1 to 4.

(2.) BRIEFLY stated, the facts of the case are that a claim petition under section 163 -A of the Motor Vehicles Act was preferred by respondent Nos. 1 to 4 as against respondent No. 5 who was impleaded as driver and as against respondent No. 6, who was impleaded as the owner/respondent No. 3, while insurance company, i.e., the appellant, was impleaded as respondent No. 2. It was alleged by the petitioners that the deceased Kamal was travelling in truck bearing No. HP 11 -0721 from Delhi to Arki after selling his produce on 2.7.1996. The truck was being driven by respondent No. 1 Madan in a rash and negligent manner. The deceased suffered injuries in an accident that took place near Mehmoodpur, Police Station Malana, District Ambala, Haryana and succumbed to the injuries at Chandigarh. The deceased was an agriculturist and mason by profession and was earning Rs. 3,000 per month. Respondent Nos. 1 to 4 being widow, sons and mother of the deceased, claimed that they were dependent on the deceased and they filed the petition claiming compensation.

(3.) I have heard the learned counsel for the parties and have gone through the record of the case.