NEW INDIA ASSURANCE CO LTD Vs. KOSHALYA DEVI

JUDGEMENT

(1.) This Civil First Miscellaneous Appeal is directed against the judgment and award dated 19.08.2002 passed by Motor Accidents Claims Tribunal, Rajouri in File No. 9/Claim, titled as Koshlya Devi & others vs. Sudershan Kumar & anr., (for short, impugned award), whereby an award of Rs. 5,39,000/- along with 9% interest came to be awarded in favour of claimants and against the appellant/respondents from the date of filing of the claim petition till its realization, on the grounds taken in the memo of appeals. It is profitable to give flashback of the case, the womb of which has given birth to the instant appeal.

(2.) Claimants-respondents 1 to 4 filed a claim petition before the Motor Accidents Claims Tribunal, Rajouri claiming compensation to the tune of Rs. 10,35,000/- as per the break-ups given in para-12 the claim petition. It is averred in the claim petition that on 18.04.1998 one Ram Parkash, driver of the offending Bus, bearing registration No. JK02R-3928, while driving the same to Moghla from Sunderbani when negotiated a turn at Siot Morh, the steering of the bus got out of order, as a result of which it fell into nallah and the driver died due to the said accident. The respondents-claimants were dependants on the deceased, who was their sole bread earner and have lost the source of dependency.

(3.) The appellant-insurer appeared and contested the claim petition on the grounds taken in the memo of reply. Owner-respondent-5 has chosen to remain absent and, accordingly, exparte proceedings were drawn against him. The following issues came to be framed.