ORIENTAL INSURANCE COMPANY LTD. Vs. BALDEV AND ORS.

JUDGEMENT

(1.) By way of instant appeal having been filed by the appellant-Oriental Insurance Company Limited (hereinafter, 'appellant-Insurance Company'), challenge has been laid to Award dated 23.5.2017 passed by learned Motor Accident Claims Tribunal-II, Kinnaur at Rampur Bushahar, H.P. in MAC Petition No. 36-R/2 of 2016/2015 titled as Baldev and others vs. Oriental Insurance Company Ltd. and another, whereby learned Tribunal below, while allowing the claim petition having been filed by respondents No.1 to 3-claimants held the appellant-Insurance Company liable to pay compensation to the tune of Rs.16,73,000/- to respondents No.1 to 3/claimants, alongwith interest at the rate of 9% per annum from the date of filing of the petition and till the final realisation of the amount. Though the learned Tribunal below held appellant-Insurance Company and respondent No.4 jointly and severally liable, but the appellant-Insurance Company being insurer, has been directed to indemnify the claimants.

(2.) Briefly stated the facts as emerge from the record are that respondents No.1 to 3 being legal representatives of deceased Om Dutt, filed a petition under S.166 of the Motor Vehicles Act before learned Motor Accident Claims Tribunal-II, Kinnaur at Rampur Bushahar, H.P., alleging therein that on 16.9.2014, deceased Om Dutt, while coming alongwith other persons from Rampur after unloading and selling milk in vehicle bearing registration No. HP-06A-3682, met with an accident, as a consequence of which he suffered serious injuries resulting into his death. Respondents-claimants averred in the petition that the vehicle was being driven by the deceased Driver, Govind Ram. In the aforesaid accident, Om Dutt and other two occupants died on the spot. Since deceased Om Dutt was head of the family and was the only bread earner of the family, respondents-claimants, by way of the claim petition as referred to above, claimed compensation to the tune of Rs.30.00 Lakh.

(3.) Appellant-Insurance Company resisted the claim petition on the ground that the respondents/claimants have filed the claim petition in collusion with respondent No.4, Gian Dass, owner of vehicle bearing registration No. HP-06A-3682.