UNITED INDIA INSURANCE COMPANY Vs. NIRMLA DEVI

JUDGEMENT

(1.) The Insurance Company takes exception to the award passed by the learned Motor Accident Claims Tribunal, Una, H.P. on 31.08.2012 (for short 'Tribunal') whereby it fastened the liability upon the Insurance Company to pay the entire award amount along with interest at the rate of 8% per annum.

(2.) The petitioner filed a claim petition under Section 166 of the Motor Vehicles Act, seeking therein compensation amount on account of death of her son Ravi Kumar in an accident involving Jeep No. HP-19B-0480 which took place on the intervening night of 15/16th June, 2010 at about 1.30 a.m. at village Nangal Jarialan.

(3.) The case of the petitioner was that on the intervening night of 15/16th June, 2010, after attending marriage function, Ravi Kumar being DJ operator was coming back in a Jeep No. HP-19B-0480. He was sitting in the rear of the vehicle along with Amit Kumar and boxes of Disco Jockey system were lying in the rear of the jeep. The owner of the DJ system Raman Kumar was sitting in the cabin of vehicle along with the driver. According to the petitioner, the vehicle was being driven in a rash and negligent manner by its driver Sukhdev Singh and on account of this, the same struck against a tree, as a result whereof, one heavy speaker box of DJ fell on Ravi Kumar, who sustained multiple fractures and injuries and ultimately succumbed to the injuries.