ORIENTAL INSURANCE COMPANY LTD Vs. HET RAM

JUDGEMENT

(1.) THIS is an appeal filed by the appellant under Section 173 of the Motor Vehicles Act, 1988, against the award dated 8.7.2005 passed by the learned Motor Accident Claims Tribunal -I, Sirmaur District at Nahan, allowing the claim petition filed by respondents No. 1 and 2 and granting compensation to the extent of Rs.3,80 ,000/ - alongwith interest.

(2.) BRIEFLY stated, the facts of the case are that respondents No. 1 and 2 as claimants filed a claim petition as against respondent No. 3 who was impleaded as owner of the vehicle and as against the appellant who was impleaded as respondent No. 2 being the insurer of the vehicle. The claim petition was filed by the claimants in regard to the death of their son Virender Dutt. It was alleged that on 30.7.2004, around 3.00 PM., deceased along with his other companions Subhash Chauhan, Yogesh Chauhan etc. was standing on the road side near a place known as Dom Bagh (Baryalta), with potatoes bags waiting for a truck to transport the potatoes to Delhi for sale. A truck No. HR -58 -3353 came suddenly, which was being driven rashly and negligently by its driver and struck against the deceased and others who rolled down into a steep Dhank resulting in the death of the deceased and his companions. The driver of the truck also died in the said accident. The claim petition was filed by the claimants being the parents of the deceased and dependent upon him.

(3.) THE claimants claimed compensation to the extent of Rupees Seven Lacs.