NEW INDIA ASSURANCE CO LTD Vs. RAM PIARI

JUDGEMENT

(1.) This appeal has Ltd. against the award of the Motor Acci-been filed by the New India Assurance Co. dents Claims Tribunal, Bilaspur, dated 9.2.1994, whereby respondent Nos. 1 to 5 have been awarded compensation of Rs. 3,27,000 along with costs and interest at the rate of 12 per cent per annum from the date of filing of the claim petition till the realisation of the said amount.

(2.) The facts giving rise to the filing of the claim petition, as set out in the impugned award, are that the husband of respondent No. 1 Ram Piari, being father of respondent Nos. 2 to 5, i.e., Des Raj, met with a fatal accident on 4.6.1989 while driving his scooter. At that time, he was 34 years of age and employed as a teacher, drawing monthly salary, etc., in the sum of Rs. 2,000 approximately. On the fateful day, he was driving his scooter bearing registration No. HIB 786 on the side of Ghagas Bridge towards village Jukhala. At that time, he was accompanied by one Gorkhu Ram, PW 5, who was sitting on that scooter as pillion rider. While the scooter was in motion, a truck (Matador) bearing registration No. HID 8803, came from the opposite direction and struck against the scooter, causing injuries to both the above mentioned persons. Gorkhu Ram survived the accident but Des Raj died at the spot. The offending vehicle, i.e., the truck, was being driven at that time by respondent No. 7 in a rash and negligent manner, while respondent No. 6 was its owner at that time. The matter was reported to the police also on the same day at Police Station Sadar, Bilaspur through F.I.R. No. 73 of the same date. Postmortem of the dead body of Des Raj was performed on 5.6.89 at Bilaspur Hospital and a number of injuries, like multiple fractures were found by the doctor concerned, who opined that the death has occurred due to shock on account of head injury and multiple fractures. The claim petition was filed on 29.8.1989 claiming Rs. 6,00,000 as compensation.

(3.) Written statement was filed by respondent Nos. 6 and 7 before the Tribunal. It was pleaded therein that the accident had taken place due to the rash and negligent act of the deceased Des Raj and not due to the rash and negligent driving of respondent No. 7 as alleged. A separate written statement was filed by the appellant insurance company. Preliminary objections were taken therein to the effect that the driver of the insured vehicle was not having a valid driving licence; that the truck in question did not have any valid route permit, registration certificate and fitness certificate; and that the maximum liability of the appellant insurance company was limited up to Rs. 1,50,000 only as per the terms and conditions of the insurance policy which had been issued under the old Motor Vehicles Act (Act No. IV of 1939). On merits, it was denied that any such accident, as pleaded by the claimants, took place.