NATIONAL INSURANCE CO. LTD. Vs. MST. SAJA BEGUM

JUDGEMENT

(1.) This appeal is directed against the award passed by the learned Motor Accident Claims Tribunal (MACT), Srinagar in Claim Petition titled Mst Saja Begum and Ors. v. Abdul Majeed Bhat and Ors. (File No. 52/2003), whereby the learned Tribunal has made an award of Rs. 5,17,000/- in favour of the claimants with 6% interest from the date of institution of the claim petition till realization of the award amount and interest at enhanced rate of 9%, in case the Appellant fails to deposit the award amount within two months. The backdrop facts of the case are as under:

(2.) Respondents 1 to 5 filed Claim Petition under Section 166 Motor Vehicles Act before the learned MACT, Srinagar, pleading therein that Gh: Mohd. Lone, husband of Respondent-1 and father of Respondents 2 to 5, while traveling in a passenger vehicle (Tata 407) bearing registration No. JK01B -9332 from Ganderbal to Srinagar fell down from the vehicle at Sabzi Mandi, Soura due to negligence of the driver of the vehicle, sustained injuries because of the accident and breathed his last. It was pleaded that case FIR No. 7/2003 under Sections 279; 304-A RPC and 113/177 M.V. Act was registered at Police Station, Soura after the accident was reported to the Police Station and charge sheet was presented alleging commission of the aforesaid offence before the competent court. Respondents 1 to 5 pleaded that the deceased who was the sole bread earner of the family was an expert Craftsman and had earnings of Rs. 7000/- per month. It was averred that as the offending vehicle was insured with the Appellant Insurance Company, the claimants as also the dependents of the deceased were entitled to get compensation from the Insurance Company.

(3.) The owner and the driver of the offending vehicle (Respondents 6 and 7 in the present appeal) contested the claim petition on the ground that the deceased while bringing down the wicker baskets (merchandise) from the roof of the offending vehicle had lost the balance and fell down from the vehicle and thus, the death was not attributable to any vehicular accident. The Respondents 6 and 7 while disputing their liability to pay any compensation to the dependents of the deceased insisted that monthly earning of the deceased was not more than Rs. 2500/- per month. It was also pleaded that as the offending vehicle was covered under comprehensive Insurance Policy No. 421001/31/02/63003806, the claimants even in the event of success in the petition, were entitled to get compensation from the Appellant -Insurance Company.