NATIONAL INSURANCE CO.LTD Vs. DARSHANA DEVI

JUDGEMENT

(1.) This appeal arises out of an award dated 30.04.2009 passed by the Motor Accident Claims Tribunal, Jammu directing payment of compensation to the tune of Rs.10.54 lac to respondents 1 to 5 (hereinafter to be referred to as claimants) arising out of death of one Gurdas Chand alias Rakesh Ram, who died in a road traffic accident on 25th September, 2004 involving offending vehicle, a truck Trailer bearing registration No.RJ-142G-3641, allegedly plied by respondent no.7 in a rash and negligent manner, the fatal accident having occurred at Kunjwani Bye-Pass. The offending vehicle belonged to respondent no.6 and the same was insured with the appellant Insurance Company.

(2.) As per Claimant's version, the deceased aged around 25 years was a Mason by profession earning Rs.8, 000/- per month.

(3.) Heard the Ld Counsel for the rival sides and scanned through the record of the Tribunal.