NATIONAL INSURANCE CO LTD Vs. KARTARO DEVI

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is directed against the judgment and award dated 22.2.2003 passed by the Motor Accidents Claims Tribunal, Jammu in claim petition No.17/claims, (for short hereinafter impugned award), whereby an amount of Rs.4,20,440/ - with 9% interest came to be granted in favour of claimants -respondents 1 to 5.

(2.) THE claimants -respondents 1 to 5 being the victims of vehicular accident filed a claim petition before the Motor Accidents Claims Tribunal, Jammu on the ground that respondent No.7, namely, Raju while driving the offending Bus, bearing registration No.4175/JKU, rashly and negligently could not control his speed at Rasli Gaderan Majoruri, Tehsil Ramnagar and as a result of which it turned turtle and the deceased, namely, Krishan Chand, who was traveling in the said vehicle, sustained injuries and succumbed to the injuries on -spot. The deceased was 50 years of age at the time of accident and was drawing Rs.3653/ - as monthly salary. The owner and driver of the offending vehicle did not cause appearance before the Tribunal and, accordingly, they were proceeded against exparte. The appellant -insurer resisted the claim petition by means of objections and following four issues came to be framed:

(3.) THE claimants examined Jagdish Chander and Dev Raj as their witnesses. The statement of petitioner -Baldev Chand also came to be recorded. The insurer did not lead evidence in rebuttal. Thus, the evidence of claimants has remained un -rebutted.