NEW INDIA ASSURANCE CO. LTD Vs. JAGJEET SINGH

JUDGEMENT

(1.) The appellant/Insurance Company has challenged award dtd. 18/11/2008 passed by the learned Motor Accidents Claims Tribunal, Kathua (hereinafter to be referred as "the Tribunal"), whereby respondent Nos. 1 to 4 (claimants) have been awarded compensation in the amount of Rs.2,62,896.00 alongwith interest at the rate of 7.5% per annum from the date of filing the claim petition till the payment is made.

(2.) It appears that respondent Nos. 1 to 4/claimants had filed a claim petition before the Tribunal pleading therein that on 27/6/2002 while deceased Tejinder Singh, who happened to be the son of respondent Nos. 1 and 2 and brother of respondent Nos. 3 and 4, was travelling on his motor cycle, the said motor cycle on reaching near Jarai Morh, was hit by a bus bearing registration No. JK02E-8421 that was being driven rashly and negligently by its driver, respondent No. 6 herein. The Bus in question belonged to respondent No. 5 and the same was insured with the appellant/insurance company at the relevant time. As a result of the accident, the deceased had died. It was pleaded by the claimants that the deceased was running a business of electric goods and earning an amount of Rs.8,000.00 per month. His age was stated to be 20 years at the time of death. The claim petition was contested by the appellant/insurance company, whereas owner and driver of the offending vehicle did not contest the claim petition.

(3.) In the reply to the claim petition, the appellant/Insurance Company pleaded that the driver of the offending vehicle was not holding a valid and effective driving license at the time of the accident but at the same time, it admitted the currency of the policy of insurance of the offending vehicle with it at the time of the accident. On the basis of the pleadings of the parties, the following issues were framed by the learned Tribunal: