NATIONAL INSURANCE CO. LTD. Vs. SURENDRA DEVI

JUDGEMENT

(1.) The issue raised in this appeal by the appellant-? Insurance Company is limited to the quantum of compensation. However, before dealing with this issue certain minimal facts need to be noticed.

(2.) Respondents No. 1 to 3/claimants filed claim petition under Section 166 of the Motor Vehicles Act, (for short, the Act) before the learned Tribunal seeking compensation on account of death of Prakash Chand, who died on 5.11.2016 in a motor vehicular accident. It was pleaded that the deceased had boarded the bus bearing No. HP-?65-?3444 from Local Bus Stand Mandi to his native village Shivabadar and when it reached near Bindravani, driver of the bus, i.e. respondent No.5 took wrong overtake rashly and negligently from one truck, ahead of him and struck against one motorcycle No. HP-?33C-?1043 coming from the opposite side and respondent No.4 could not control the bus and due to his rash and negligent driving, the vehicle fell into river Beas. Many passengers including Prakash Chand died at the spot of the accident.

(3.) The claim petition was resisted by the Insurance Company on various grounds including the ground that driver of the vehicle was not having valid and effective driving licence and the vehicle was being driven in violation of the terms and conditions of the insurance policy, however learned Tribunal below did not find any merit in the objections raised by the Insurance Company and proceeded to award compensation of Rs. 65,12,900/-? to respondents No. 1 to 3 along with interest @ 9% per annum from the date of filing the petition till its realization.