RELIANCE GENERAL INS. CO. Vs. SANTOSH DEVI

JUDGEMENT

(1.) The appellant-Insurance Company has challenged award dtd. 10/8/2024 passed by Motor Accidents Claims Tribunal, Jammu (hereinafter to be referred to as "Tribunal") whereby claim petition filed by respondents No. 1 to 5 has been allowed and compensation in the amount of Rs.42,54,900.00 along with interest @ 7.5% per annum has been awarded in favour of respondents No. 1 to 5 (hereinafter to be referred to as "Claimants"), which has been made payable by the appellantinsurance company.

(2.) It appears that a claim petition was filed by the claimants before the Tribunal, seeking compensation in the amount of Rs.1.85 crores along with interest on account of death of Sh. Vijay Kumar, who happened to be the husband of respondent No. 1, father of respondents No. 2 and 3 and son of respondents No. 4 and 5. In the claim petition, appellantinsurance company was impleaded as respondent No. 1 whereas, the owner of the offending vehicle (respondent No. 6 herein) was impleaded as respondent No. 2 and the driver of the offending vehicle (respondent No. 7 herein) was impleaded as respondent No. 3.

(3.) As per case of the claimants, deceased-Vijay Kumar was travelling on a motorcycle bearing registration No. JK02BD8597 on 13/9/2021 and when he reached near Gas Plant NHW Bari Brahmana, the Motorcycle was hit by a Swift car bearing registration No. JK02BC-3554, that was being driven rashly and negligently by its driver-respondent No. 7 herein. As a result of the said accident, deceased-Vijay Kumar received grievous injuries and later on succumbed to these injuries on 26/9/2021 after a prolonged treatment in the hospital.