NATIONAL INSURANCE CO. LTD. Vs. JAGAN NATH

JUDGEMENT

(1.) National Insurance Co. Ltd. is in appeal against the award dtd. 26/12/2012 passed by the Motor Accident Claims Tribunal (for brevity "the Tribunal") in File No. 221/Claim titled Jagan Nath and anr. Vs. National Insurance Co. Ltd. and ors., whereby the respondents-claimants have been held entitled to a compensation to the tune of Rs.9,96,000.00.

(2.) Brief facts leading to filing of this appeal may be noticed. On 24/6/2009, a bus bearing registration No. JK02E-7525, in which the deceased-Sanjay Kumar was travelling, met with an accident at Panthel within the jurisdiction of Police Station, Katra. The accident occurred due to the rash and negligent driving by the driver of the offending vehicle. The deceased-Sanjay Kumar, who suffered fatal injuries had died on spot. The deceased, at the time of accident, was 23 years old and was serving as Guard in the Excise Department of the State. It was claimed by the respondents- claimants that the deceased, at the time of his death, was receiving gross monthly salary of Rs.6,811..00 The claim was contested inter- alia by the appellant-National Insurance Company on several grounds. The preliminary ground taken was with regard to the liability of the Insurance company to indemnify the owner in a case where the ill-fated Bus was carrying passengers beyond its seating capacity. The amount claimed by the respondents-claimants on different heads too was disputed by the National Insurance Company.

(3.) The Tribunal after taking note of the rival contentions framed following issues:-