SEEMA DEVI Vs. AJAY THAKUR

JUDGEMENT

(1.) THE claimants have filed the present appeal seeking further enhancement of the compensation awarded by the Motor Accident Claims Tribunal (I), Kangra at Dharamshala, H.P. in MACT Petition No. 79 -K/II/2002, titled as Smt. Seema Devi and others versus Sh. Ajay Thakur and others dated 4.11.2004.

(2.) THE claimants, being the successors -in -interest of Shri Parveen Kumar filed a petition under Section 166 of the Motor Vehicle Act, 1988 (hereinafter referred to as the Act) claiming compensation of a sum of Rs. 20 lacs on account of the death of Sh. Parveen Kumar who died in a motor accident on 7.11.2002. Sh. Parveen Kumar was travelling on a scooter and was hit by a vehicle No. HP -48 -4003 being driven by Sh. Sudershan Kumar, respondent No. 2 herein. The vehicle allegedly was driven by Sh. Sudershan Kumar in a rash and negligent manner, which was the cause of the accident in which the deceased sustained injuries and died on the spot due to same. At the time of the accident the deceased was employed as a T -mate with the Himachal Pradesh Electricity Board and drawing a salary of Rs. 6193/ - per month. His promotion as Assistant Lineman was due and he was expected to get Rs. 8000/ - per month. According to the claimants the deceased, in normal course would have retired as Special Foreman which post at the time of the accident was carrying a salary of Rs. 18,000/ - per month.

(3.) THE vehicle having been insured with M/s Oriental Insurance Company, by way of a separate reply, the insurer pleaded no liability as material terms and conditions of the insurance policy stood breached by the driver of the vehicle. Based on the pleadings of the parties the Tribunal framed the following issues: