NATIONAL INSURANCE CO LTD Vs. BIMLA DEVI

JUDGEMENT

(1.) Romesh lal, a permanent employee of the Union of India and working as Regular Industrial Mazdoor with 259 Co ASC, died as a result of the injuries sustained in the motor vehicular accident when while riding his bicycle, he was hit by Truck No.JK02R-6595 driven rashly and negligently by Satish Kumar, its driver, on 17.01.2004 near CSD Depot Road Bari Brahmana Industrial Estate, Jammu.

(2.) His wife, two minor daughters, one minor son and widower father filed a Claim Petition with Motor Accidents Claims Tribunal, Jammu seeking compensation of Rs.40,30,000/- along with interest @ 18% per annum from the date of the accident, for the death of Romesh Lal.

(3.) The Claim was contested only by the appellant- Company, the insurer of the offending truck, because the owner and driver of the vehicle did not opt to contest the Claim.