RELIANCE GENERAL INSURANCE CO. LTD. Vs. RENUKA MASSEY

JUDGEMENT

(1.) Aggrieved by the award passed by the learned Motor Accident Claims Tribunal-II, Sirmaur District at Nahan, H.P., whereby the appellant has been directed to pay a sum of Rs. 12,53,200/- with interest at the rate of 7.5% per annum from the date of petition, to the date of realization, the appellant-Insurance Company has filed the instant appeal.

(2.) Mr. T. C. Massey (deceased) husband of claimant/respondent No. 1 and father of the claimants/respondents No. 2 and 3 died in a motor vehicle accident on 06.04.2009. The vehicle involved in the accident was a car bearing registration No. HP-17A-7598 owned by respondent No. 4 Gurdeep Singh and was being driven by respondent No. 5 Sangeet Singh and was duly insured with the appellant company. The case of the claimants was that while deceased was coming towards Paonta Sahib in the aforesaid vehicle, it met with an accident in which deceased succumb to injuries and the claimants being dependent on him, are entitled to compensation on account of his death. It was averred that the accident occurred due to rash and negligent driving of the driver, who could not control the car in question which dashed against an unknown truck, whose driver at once applied brakes of the truck leading to the accident.

(3.) Three folds point-wise submissions are made by the learned counsel for the appellant; (i) that the learned Tribunal erred in ignoring the law laid down by the Hon'ble Supreme Court in National Insurance Co. Ltd. vs. Rattani, 2009 2 SCC 75, wherein it has been held that when the FIR is made basis for the grant of compensation, then the Tribunal ought to look into the contents of the same even though the same may not have a substantive piece of evidence; (ii) since, this is a case of contributory negligence, therefore, the entire compensation could not have been awarded in favour of the claimant; and (iii), the award is not in tune and in conformity with the judgment of the Constitution Bench of the Hon'ble Supreme Court in National Insurance Co. Ltd. versus Pranay Sethi and others, 2017 ACJ 2700.