NEW INDIA ASSURANCE CO LTD Vs. CHANAN KAUR

JUDGEMENT

(1.) DEEPAK Gupta, J.-This appeal under section 173 of the Motor Vehicles Act is directed against the award dated 4.6.2005 passed by the learned Motor Accidents Claims Tribunal-I, Sirmaur District at Nahan (hereinafter referred to as 'the Tribunal'), in M.A.C. Petition No. 58-MAC/ 2 of 2004 whereby the learned Tribunal has awarded compensation of Rs. 3,10,000 in favour of the claimants along with interest at the rate of 9 per cent per annum from the date of filing of the claim petition till the date of deposit and has further held that the appellant insurance company is liable to pay the said compensation.

(2.) THE facts, in brief, are that the respondent Nos. 1 to 5 (hereinafter referred to as 'the claimants') are the widow, three major sons and one married daughter of late Wazir Singh. THEy filed a claim petition under section 166 of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') claiming compensation for the death of Wazir Singh. It was alleged in the claim petition that on 12.3.2004 at about 7 p.m., deceased Wazir Singh after purchasing articles for his shop at Badripur was returning to his village Kishankot, Tehsil Poanta on a scooter bearing registration No. HP 17-2836. When he reached village Gondpur, a truck bearing No. HR 46-6288 came from the opposite side. It was being driven in a rash and negligent manner by the driver. THE truck hit the scooter and Wazir Singh fell on the road and his head came under the rear tyre of the truck. His head was crushed and even the brain of the deceased came out of the skull and was splattered on the road.

(3.) I have heard Mr. B.M. Chauhan, the learned counsel for appellant, Mr. Bimal Gupta, learned counsel for the claimants, Mr. Deepak Kaushal, the learned counsel for the owner of the truck and Mr. Sanjiv Sood, learned counsel for the driver.