ORIENTAL INSURANCE COMPANY LTD. Vs. RANJEET KUMAR.

JUDGEMENT

(1.) This is an appeal by the Oriental Insurance Company against the award dtd. 29/3/2014 passed by the Motor Accident Claims Tribunal, Jammu (hereinafter referred to as "the Tribunal") in Claim File No.45/2011 titled Ranjeet Kumar and others v. Oriental Insurance company Ltd.

(2.) On the fateful day of 3rd of November, 2010, the deceased Sunita Devi was travelling in the offending vehicle (bus) bearing Registration No.JK02P-7717 vehicle which was going from Jammu to Kishtwar. On reaching Prem Nagar, the offending vehicle hit parapet thereby causing injuries to the passengers including the deceased. The deceased was shifted to Govt. Medical College, Jammu where she succumbed to the injuries received by her in the accident. The accident is stated to have taken place due to rash, negligent and careless driving of the offending vehicle by its driver, who also died on spot. The deceased left behind her husband, two minor sons and one daughter. A claim has been preferred by the husband and minor children of the deceased before the Tribunal claiming Rs.14,80,000.00 as compensation under different heads.

(3.) The claim petition was contested by the Appellant-insurance Company by filing its objections. However, respondent No.5 (owner of the offending vehicle) was proceeded ex-parte. On the basis of the pleadings of the parties, the Tribunal framed the following issues:-